Van Zandt v. Brantley (16 Tex. Civ. App. 420, 1897)

LIGHTFOOT,

Chief Justice.—This suit was originally brought by appellants to recover of appellee 61 7-25 acres of land in Fannin County, with rents. Appellee Brantley in his answer concedes plaintiffs’ title, and sets up that he bought the land in good faith from F. J. Abernathy, who claimed to be the agent of appellants, who had been acting as such for a great number of years, and was so held out by plaintiffs to the public, and who had sold a number of tracts of. land for them out of the same survey. He set up in his pleading the following instrument of writing entered into between himself and Abernathy, who acted as appellants’ agent:

“The State of Texas, Fannin County.—Enow all' men by these presents, that I, F. J. Abernathy, as agent of E. M. Van Zandt, of Fort ■ Worth, Texas, have sold to M.. M. Brantley 61 27-100 acres out of the E. W. Eubanks survey, for one thousand dollars, to be paid in four annual payments on December 1, 1894, 5, 6, and 7, with 10 per cent interest from date, payable annually. Said Brantley agrees and binds himself to build a house of three rooms, and to fence and put in cultivation as much as 25 acres of said land by May 1, 1894. In the event of his failure to make all of said improvements on said land by said date, he agrees to give up said land and move therefrom. 1