Raines v. Calloway
Texas Supreme Court
Error from Rusk. Tried below before the Hon. O. A. Frazer. Larkin C. Calloway, the defendant in error, instituted this suit against Raines, the plaintiff in error, by petition filed on the 14th of April, 1856. On the 27th of August, 1853, Raines sold and conveyed to Calloway several tracts of land comprising 1319 acres, and described as lying in Union parish, State of Louisiana. By the same deed Raines also conveyed to Calloway a number of slaves and mules.
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Error from Rusk. Tried below before the Hon. O. A. Frazer. Larkin C. Calloway, the defendant in error, instituted this suit against Raines, the plaintiff in error, by petition filed on the 14th of April, 1856. On the 27th of August, 1853, Raines sold and conveyed to Calloway several tracts of land comprising 1319 acres, and described as lying in Union parish, State of Louisiana. By the same deed Raines also conveyed to Calloway a number of slaves and mules. The consideration agreed on and expressed in the deed for the whole of the property, lands, slaves and mules, was the sum of twenty-six…
1Opinion of the CourtBell, J.
It is plain from the evidence, that in the deed from Raines to Calloway, there was a misdescription of a portion of the land which Raines intended to convey. The evidence shows that previous to the execution of the deed, Raines had pointed out the land to Calloway. The land about which the parties contracted, was situated in a body, in Union parish, and in township Ho. nineteen. By mistake, however, as is alleged by Raines, and as may well be inferred from the evidence, four of the tracts of land intended to be conveyed, amounting to four hundred and forty acres, were described in the deed as…
2Cited by14 opinions
- Thomas v. HammondTexas Supreme Court · 1877
- Hynes v. PackardTexas Supreme Court · 1898
- Goff v. JonesTexas Supreme Court · 1888
- First Nat. Bank of Rockport v. BrownTexas Commission of Appeals · 1929
- Heflin v. BurnsTexas Supreme Court · 1888
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