Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 56
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56 ANDERSON V. STOCKDALE. [Austin Term,
Statement of the case.
Stockdale made this conveyance under the following condition of
On the 3d of June, 1853, W. R. Johnson had recovered in the
district court at Galveston a judgment against Levi Jones, the father
of Sarah F. Anderson, for $17,376. By an instrument in writing,
dated April 24, 1855, Mrs. Anderson, to secure to her father time to
pay said judgment, and because, as her obligation recited, the notes
which became merged in the judgment were given for the purchase
money of her interest in the sixteen leagues of land conveyed to
her by Burnley, agreed with Levi Jones to hold the land in Jackson
and Calhoun counties subject to the payment of the debt due
Wm. R. Johnson. Johnson was not a party to this instrument.
Johnson knew of Mrs. Anderson's title to the lands before he instituted
his suit against Jones, but did not make her a party or ask any
decree against the land. The lands conveyed were then worth
greatly more than the amount of Johnson's debt.
Plaintiff claimed that Stockdale's conveyance to Johnson was
void to convey any title adverse to plaintiff. He charged that
Stockdale held the lands as trustee for plaintiff and that Johnson
had notice of the trust, and after conveyance to him held the land
subject to the same trust that it was held under by Stockdale.
Plaintiff claimed that if Johnson was in equity entitled to the
payment of said debt, that he had long since been fully paid; that
ever since July 27, 1868, the three-eighth interest had been under
the control of F. S. Stockdale and of the Indianola City and Land
Company, claiming to represent Johnson and selling Johnson's interest
as his agents, and they had received as his agents between
July 27, 1868, and February 17, 1881, for Johnson, $51,924.90, an
amount largely in excess of the debt and interest. The plaintiff
further alleged that on the 20th of September, 1869, all the owners
of the sixteen leagues of land in Calhoun county by a deed
(which was made a part of the petition) formed a joint stock company
known as the Indianola City and Land Company, and conveyed
all their undivided interests in the land to the trustees of that
company, and took in lieu thereof shares of stock .That Stockdale,
signing as executor of Sarah Anderson at that date, conveyed all
of the plaintiff's interest in the sixteen leagues of land to that company
without authority of law; that the company received the
land charged with the same trusts as Stockdale held it under, and
were trustees for plaintiff.
As to defendants Allen and Schwartz, it was stated that they
purchased on the 27th of August, 1879, a league of land from the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth28512/m1/78/: accessed November 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .