Houston Land & Trust Co. v. Hubbard
| Decision Date | 03 January 1905 |
| Citation | 85 S.W. 474 |
| Parties | HOUSTON LAND & TRUST CO. v. HUBBARD et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Harris County; W. P. Hamblen, Judge.
Action by D. P. Hubbard against the Houston Land & Trust Company and others. From the judgment rendered, the land and trust company appeals. Affirmed.
G. H. Pendarvis, for appellant. Brashear & Dannenbaum and J. B. Dibrell, Jr., for appellees.
This action was brought by D. P. Hubbard against the Houston Land & Trust Company and P. B. Timpson, trustee, to enjoin the sale of certain lands under a deed of trust. The controversy arose out of the following facts: Hubbard was the owner of certain lots in the city of Houston, which he undertook to exchange for other lands controlled by J. M. Sullivan. The negotiations resulted in a bargain between these two, whereby Sullivan undertook to convey to Hubbard certain lands in exchange for that owned by Hubbard, the latter to pay an additional consideration in cash and a note covering a deferred payment. In pursuance of this arrangement Sullivan executed his deed to Hubbard, and placed it in the hands of one S. D. Hanna, a real estate agent, to be delivered when Hubbard was satisfied with the title and performed his part of the contract. As a matter of fact the land which Sullivan undertook to convey did not belong to him but to one Breaker, Sullivan intending, in consummation of the trade and the perfection of the title, to secure a deed from Breaker, paying for it with the money to be received from Hubbard. The latter refused to consummate the trade until satisfied with Sullivan's title. After some delay and misunderstanding Hubbard prepared and signed a deed of conveyance to Sullivan, and placed it in the hands of said Hanna. The evidence justifies the conclusion that Hubbard did not authorize S. D. Hanna to deliver this deed to Sullivan, but reserved the right to satisfy himself as to the title before consummating the deal by delivery of the deed. The evidence, however, is conflicting upon the point. Hanna, according to his testimony, satisfied himself as to the title of the land to be conveyed by Sullivan, and testified that thereupon, by Hubbard's authority, he delivered to him Hubbard's deed, which was promptly placed of record. At that time Sullivan had no title, nor did the cash and note to be delivered by Hubbard accompany the delivery of the deed. Sullivan promptly borrowed of the appellant, Houston Land & Trust Company,...
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