Pritchard v. Fox
Pritchard v. Fox
Opinion of the Court
This appeal has been prosecuted upon an agreed statement of the pleadings and facts made up, filed, and approved as provided in Revised Statutes, 1911, art. 2112. All of the facts so agreed upon will of course be adopted and found by us; but, for the purpose of this opinion, we think it only necessary to make a brief statement thereof.
The action was instituted by M. R. Fox, Josephine Ferguson, joined by her husband, and Mamie Christain, joined by her husband, against J. M. Pritchard, to recover undivided one-fourteenth interests, respectively, in a certain 200 acres of land claimed by the defendant Pritchard as vendee of one J. G. Whitlow; the plaintiffs claiming as heirs of Riley Fox and C. A. Fox, the common source of title, and both deceased prior to the institution, of the suit. M. R. Fox was a son, and Josephine Ferguson was the surviving wife, and Mamie Christain the only surviving child of Albert Fox, a deceased son of Riley Fox and C. A. Fox. A granddaughter, A. C. Tackett, joined by her husband, intervened and also claimed a like interest in the tract of land involved in the controversy. It appears that the land was acquired and occupied as a homestead by Riley'Fox and C. A. Fox, and by them owned in common; that *1059 Riley Fox died on tile 20th. day of April, 1883, Ms wife, C. A. Fox, continuing her occupancy of the land until her death on or about the 6th day of April, 1911. It further appears that on the 28th day of September, A. D. 1SS8, M. R, Fox, joined by his wife, for a consideration of $75 paid, executed and delivered to J. G. Whitlow, appellant’s vendor, a warranty deed reciting that they had “granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, and convey, unto the said J. G. Whitlow, his heirs and assigns, the following described tract of land, to wit, an undivided one-seventh interest in a certain 200 acres of land lying in Parker county, Texas, * * * known as the Riley Fox homestead, and the interest in and to the same hereby conveyed being the interest which descended to me, the said M. R. Fox, as a son and heir of the said Riley Fox and C. A. Fox.” These terms are followed by the usual habendum and warranty clauses; the terms of the warranty being that: “We do hereby bind ourselves, our heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the said J. G. Whit-low, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim, the same or any part thereof.”
The deed from A.' G. Tackett, joined by her husband, to J. G. WMtlow was executed on the 8th day of October, 1888, and is in all substantial particulars the same as the deed of Josephine Ferguson and Mamie Christain, from which we have quoted, save that it conveys the interest “which descended to A. G. Tackett, as a child of Sarah Borden, née Sarah Fox, who was a child of Riley Fox and O. A. Fox.” The construction of this deed, we think, is controlled by what we have already said in construing the deed of Josephine Ferguson and Mamie Christain, and we accordingly, without further discussion, affirm the judgment in favor of A. G. Tackett and Wayne Tackett against *1060 appellant for an undivided one-fourteenth interest.
All questions presented on the appeal having been determined by us as in the court below, it follows that the judgment should be affirmed in its entirety, and it is so or< dered.
Reference
- Full Case Name
- PRITCHARD v. FOX Et Al.
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