equitable title claim (Texas) · Go Syfert
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equitable title claim in Texas

5 Texas opinions name it 2 courts 1959–2025 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Ward v. Malonegreen
texapp · 2003 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025The reasoning behind our holding is instructive: a deed on its face provides no assurance that its grantee is the actual current title holder because (i) title may transfer outside written conveyances, see id. (finding a contract for deed was evidence of an equitable interest in subject property); Ward, 115 S.W.3d at 271 (“The legal effect of a contract [for deed] is the same as that of a deed with a retained vendor’s lien.”); see also TEX.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
King Ranch, Inc. v. Chapman green
tex · 2003
2 sentences

2009A person owns an "equitable interest" in property by virtue of "an equitable title or claim[] on equitable grounds, such as the interest held by a trust beneficiary." Id. at 829 .

2009A person owns an “equitable interest” in property by virtue of “an equitable title or claim[ ] on equitable grounds, such as the interest held by a trust beneficiary.” Id. at 829 .

32009–2009
Yarto v. Gilliland green
texapp · 2009
2 sentences

2025However, we held in Yarto that the justice court lacked jurisdiction to grant possession based upon a warranty deed favoring plaintiff where there was evidence that defendant had an equitable title claim, specifically an oral contract for deed, because such involved deciding issues of title. 287 S.W.3d at 90 .

2025The reasoning behind our holding is instructive: a deed on its face provides no assurance that its grantee is the actual current title holder because (i) title may transfer outside written conveyances, see id. (finding a contract for deed was evidence of an equitable interest in subject property); Ward, 115 S.W.3d at 271 (“The legal effect of a contract [for deed] is the same as that of a deed with a retained vendor’s lien.”); see also TEX.

12025–2025
Biggs v. Poling green
texapp · 1939
1 sentence

1959Biggs v. Poling, Tex.Civ.App.1939, 134 S.W.2d 801 , dism. cor. judg.

11959–1959

Where else courts name it

AL 7 (1844–1899) TX 5 (1959–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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