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15 Texas opinions name it 2 courts 1913–2019 0 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.
| Case | Followed | Cited |
|---|---|---|
Duff v. Matthewsgreen2 sentences2019Duff v. Matthews, 158 Tex. 333 , 311 S.W.2d 637, 640 (1958). 1986In Duff v. Matthews, 311 S.W.2d 637 (Tex.1958), the court stated: That the way over his own land is too narrow, or that other like difficulties exist, does not alter the case; and it is only where there is no way through his own land that a grantee can claim a right over that of his grantor. | 5 | 6 |
Kripp v. Curtisgreen2 sentences1990“That the way over his own land is too steep or too narrow, or that other and like difficulties exist, does not alter the case; and it is only where there is no way through his own land that a grantee can claim a right over that of grantor.” Duff v. Matthews, supra, quoting Kripp v. Curtis, 71 Cal. 62 , 11 P. 879, 880 (1866). 1990“That the way over his own land is too steep or too narrow, or that other and like difficulties exist, does not alter the case; and it is only where there is no way through his own land that a grantee can claim a right over that of grantor.” Duff v. Matthews, supra, quoting Kripp v. Curtis, 71 Cal. 62 , 11 P. 879, 880 (1866). | 1 | 1 |
Magnolia Petroleum Co. v. Pagegreen1 sentence1960In addition to the Cowden case it was held in Magnolia Petroleum Co. v. Page et al., Tex.Civ.App., 141 S.W.2d 691, 693 (writ refused) that the clause “the judgment of the lessee, when not fraudulently exercised, *827 in carrying out the purposes of this lease shall be conclusive”, prevents application of the standard of a prudent operator and the Lessor must establish that the Lessee’s failure to develop the premises was fraudulent. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Duhig v. Peavy-Moore Lumber Co.
green
2 sentences2019Id. at 880–81 (citations omitted). 2017The court also concluded, however, that the covenant operated "as an estoppel denying to the grantor (Duhig) and those claiming under him the right to set up such title against the grantee and those who claim under it." Id. at 880-81 . | 4 | 2011–2019 |
Cooper v. Maupin
neutral
1 sentence1958It must also appear that the grantee has no other way.” To the same effect see McDonald v. Lindall, 3 Rawle (Pa.) 492 and Cooper v. Maupin, 6 Mo. 624 , 35 Am. | 1 | 1958–1958 |
Webb v. Burney
green
2 sentences1927It is settled by the decision of the Supreme Court in Swann v. Bank, 115 Tex. 425 , 282 S. W. 789 , overruling Webb v. Burney, 70 Tex. 322 , 7 S. W. 841 , to the contrary, that the cancellation by a •grantee in a deed of a pre-existing debt of the grantor to him is not such a consideration as entitles the grantee to claim protection as a bona fide purchaser. 1927It is settled by the decision of the Supreme Court in Swann v. Bank, 115 Tex. 425 , 282 S. W. 789 , overruling Webb v. Burney, 70 Tex. 322 , 7 S. W. 841 , to the contrary, that the cancellation by a •grantee in a deed of a pre-existing debt of the grantor to him is not such a consideration as entitles the grantee to claim protection as a bona fide purchaser. | 1 | 1927–1927 |
Swann v. Rotan State Bank
neutral
2 sentences1927It is settled by the decision of the Supreme Court in Swann v. Bank, 115 Tex. 425 , 282 S. W. 789 , overruling Webb v. Burney, 70 Tex. 322 , 7 S. W. 841 , to the contrary, that the cancellation by a •grantee in a deed of a pre-existing debt of the grantor to him is not such a consideration as entitles the grantee to claim protection as a bona fide purchaser. 1927It is settled by the decision of the Supreme Court in Swann v. Bank, 115 Tex. 425 , 282 S. W. 789 , overruling Webb v. Burney, 70 Tex. 322 , 7 S. W. 841 , to the contrary, that the cancellation by a •grantee in a deed of a pre-existing debt of the grantor to him is not such a consideration as entitles the grantee to claim protection as a bona fide purchaser. | 1 | 1927–1927 |
Koch v. Streuter
green
1 sentence1913In the case of Koch v. Streuter, 232 Ill. 594 , 83 N. E. 1073 , there was a certain clause in a deed in the chain of title in question obligating the grantee to pay certain sums of money to a third person (the estate having been conveyed upon such a condition), and the Supreme Court of Illinois held that the acceptance of the conveyance by the grantee with such clause imposes a covenant on the grantee to discharge the obligation, and creates the relation of trustee and cestui que trust, and that “this trust being expressed in a deed found in a chain of title, followed the land in the hands of | 1 | 1913–1913 |
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.