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: 57
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1884.] , ANDERSON V. STOCKDALE. 57
, Statement of the case.
Indianola City and Land Company for $13,089, $6,666.67 of which
they paid in cash and gave their notes for the remainder, one-half
to be paid in twelve and one-half in twenty-four months, vendor's
lien being retained. It is stated that they bought the land with
notice of and charged with the same trusts that it was held under
when in Stockdale's hands, as executor, and prayer is made against
them for the recovery of plaintiff's three-eighth interest and partition.
But plaintiff says he is willing to make them a title upon
their paying him three-eighths of the price they agreed to pay for
None of those who purchased from the Indianola City and Land
Company were made parties; nor was the land sold included in the
prayer for partition, except that sold Allen and Schwartz.
Plaintiff claimed that if the deeds by Stockdale to Johnson and
to the Indianola City and Land Company were invalid, he was entitled
to a partition of the sixteen leagues of land, or so much as remained
unsold, as against the Indianola City and Land Company,
who were tenants in common with him, and he prayed that his title
might be adjudged valid as to said lands, and that he might have
He further claimed that if Stockdale had the right to convey
plaintiff's interest to the Indianola City and Land Company, then
they were bound to account to him as a stockholder for his share of
the profits of said joint stock company since the 20th of September,
1869, which neither they nor Stockdale had done; and if the
deed to Johnson was valid, still he had a three-eighth interest in
one league remaining, which he was entitled to have partitioned, or
in virtue of which he was entitled to share in the profits of the joint
As to F. S. Stockdale, it was alleged that he has never accounted
to plaintiff; that he has been personally largely benefited by the
formation of the Indianola City and Land Company, and it was
with a view to this, and not for plaintiff's benefit, that he made the
deed to the company of plaintiff's interest in the lands.
That Stockdale, since the 29th of May, 1866, had held in trust for
plaintiff the three-eighth interest in the L. Mlansa league, in Jackson
county, that he might have received rent therefor. That he
had refused to turn over to plaintiff his interest in the land, or to
account to or pay him any rent for it. That he permitted it to be
sold for taxes on the 6th of May, 1868, to a private person, and had
not redeemed it up to July 14, 1881.
Prayer was made that Stockdale might be compelled to turn over
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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/m1/79/: accessed August 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .