Bondies v. Ivey
| Decision Date | 22 May 1895 |
| Citation | 31 S.W. 244 |
| Parties | BONDIES v. IVEY. |
| Court | Texas Court of Appeals |
Appeal from district court, Kaufman county; James E. Dillard, Judge.
Trespass to try title by George Bondies against T. F. Ivey. From a judgment for defendant, plaintiff appeals. Reversed.
Davidson & Minor, for appellant. Joseph Huffmaster and M. H. Gossett, for appellee.
Appellant sued in trespass against appellee, in the district court of Kaufman county, for 280 acres of land,—a part of the Lopez league and labor. Appellee disclaimed as to all the land in controversy, except 100 acres, described by metes and bounds, and as to this 100 acres he pleaded not guilty, and also set up, by special answer, certain contracts and state of facts existing between appellant and appellee from 1877 to the time of the bringing of this suit, alleged to constitute such an equity in appellee in this 100 acres as estops appellant from asserting an adverse title and dispossessing appellee, Ivey, to wit: That appellee, T. F. Ivey, in January, 1877, at the request of appellant, George Bondies, moved upon the Lopez league of land, in Kaufman county, under contract with appellant to protect his interests in said league by keeping off squatters, protecting grass and timber, and defending boundaries from encroachment, etc.; that in 1881, appellee having continually remained in possession since 1877, and discharged all his duties under said first contract, appellant and appellee entered into a new contract, by the terms of which, in consideration of the continued faithful discharge by appellee of the duties above named until plaintiff or his children should move upon said league, or until appellant should sell same, appellant agreed to convey to appellee 100 acres of land in the southwest corner of said league and labor; that appellee had faithfully performed all the duties required of him under his contract; that in January, 1884, William Bondies, a son of appellant, and under appellant's instructions, moved upon said league, and took possession thereof, except the 100 acres claimed by appellee, and assumed control of appellant's interest in said land; that in July, 1884, appellant himself came to appellee's house, on said 100 acres of land, and while there walked with appellee, T. F. Ivey, around said 100 acres, pointing out and designating to appellee the lines and boundaries of said 100 acres of land which he intended appellee to own and possess, and which he intended to convey to appellee; that immediately thereafter appellee procured the county surveyor of Kaufman county, and had him survey out and establish the lines and corners of said 100 acres of land, as designated and pointed out by appellant, and immediately took possession thereof, claiming the same as his own, and steadily continued to do so; that, at the time appellee took possession of said 100 acres of land as aforesaid, it was worth about $5 per acre, amounting in the aggregate to $500; that at said time said land was covered all over with brush; that, after said 100-acre tract of land was surveyed as aforesaid, appellee inclosed the same, cut off the brush, and put the land in cultivation,...
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Bondies v. Ivey
...FINLEY, J. This is the second appeal of this case, and the opinion on the first appeal, reversing and remanding the case, is reported in 31 S. W. 244. On December 25, 1890, George Bondies, since deceased, and whose executors are the present appellants, brought a suit of trespass to try titl......
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Ivey v. Bondies
...This is the third appeal, and the merits of the case may be fully appreciated by reference to the reports of the former appeals. See 31 S. W. 244, and 39 S. W. Conclusions of Fact. (1) Plaintiffs proved a regular chain of title from the state of Texas down to George Bondies. (2) That George......