Legal Opinion

Pendarvis v. Gray

Texas Supreme Court

Decided July 1, 1874PublishedCited by 25 opinions

Appeal from Bell. Tried below before the Hon. J. P. Osterhout. On.the 3d day of April, 1871, Frank Gray, desiring to establish a stock ranche in San Saba county, purchased from Henry Pendarvis the Carl Weise 640-acre survey, for which he paid §640. The record discloses that, previous to Gray’s purchase, he had been in San Saba county, and finding a tract of land which suited him crossing Cherokee creek, and having certain improvements upon it, he was informed by the witness…

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Appeal from Bell. Tried below before the Hon. J. P. Osterhout. On.the 3d day of April, 1871, Frank Gray, desiring to establish a stock ranche in San Saba county, purchased from Henry Pendarvis the Carl Weise 640-acre survey, for which he paid §640. The record discloses that, previous to Gray’s purchase, he had been in San Saba county, and finding a tract of land which suited him crossing Cherokee creek, and having certain improvements upon it, he was informed by the witness White that Henry Pendarvis claimed to own it; that he then inquired of Pendarvis, who told him it was his tract, and…

1Opinion of the Court

Devine, Associate Justice.

Appellee brought suit in the District Court of Bell county, at the October term, 1871, against Henry Pendarvis, alleging that he purchased, in April, 1871, from Pendarvis six hundred and forty acres of land on Cherokee creek, in San Saba county; that defendant falsely represented the creek to run through the land; that it embraced a fertile valley, was every way suitable for a stock ranche, and embraced certain improvements, &c.; that these representations were false and fraudulent; that the land was unfit for a stock ranche, and that it was *328not on or connected with…

2Cases cited2 opinions

  1. Haldeman v. ChambersTexas Supreme Court · 1857
  2. Steen v. StateTexas Supreme Court · 1863

3Cited by25 opinions

  1. Culbertson v. BlanchardTexas Supreme Court · 1891
  2. Loper v. RobinsonTexas Supreme Court · 1881
  3. Reeves and Lester v. McCrackenTexas Supreme Court · 1910
  4. Cabaness v. HollandCourt of Appeals of Texas · 1898
  5. Seymour v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1917

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