1875.1 FLANAGAN v. PEARSON. 3
Opinion of the court.
said land for petitioner, and obtain for him a good title, to
the same, or return to him said bond; that in pursuance
of said contract, he delivered to them the title bond from
White, and the said Flanagan & Bagley executed to him
their written receipt, as follows:
THE STATE OF TEXAS, 1
County of Rusk.
"Received of P. II. Pearson a bond from J. E. White
to him for three hundred and fifty-four acres of land, which
we agree and obligate to return to said Pearson, in case
we fail to comply with a contract for lpeating and perfecting
the title to the same. This 28th day of March, A. D.
"(Signed,) FLANAGAN & BAGLEY."
The petition further states that, on the 3d day of August,
1852, the said Flanagan, intending to cheat, swindle, and
defraud petitioner out of his right to said land and land certificate,
contracted to sell the entire J. E. White league certificate
to one Ussery, and afterwards made said Ussery a
warranty deed to the entire certificate; that the entire certificate
had been located and surveyed (making exhibit of
various locations and field notes for Ussery) on land worth
three dollars per acre; that said Flanagan by his said
fraudulent acts disabled himself and the said Bagley from
fulfilling their agreement, and that by said fraud he was
damaged five thousand dollars; praying for vindictive
The bond of White to Pearson, made an exhibit to this
petition, bound him in the sum of two thousand dollars to
make to Pearson a good and sufficient title to 354 acres of
land out of his certificate, so soon as he obtained a patent
from the Government of Texas, reciting as follows: "Said
White having sold to Alex. Jourdan one-third of a league of
his head-right, and twelve hundred and ninety-nine acres to
Dimes Reeves, which is to be located by said Reeves, and
surveyed in one solid tract, together with the three hundred
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed July 30, 2015.