Kuhlman v. Baker
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. January 10, 1874, Kuhlman sued Baker in the District Court of Harris county, alleging his purchase of land in April, 1856, of Baker, for which he took a quit-claim deed, believing it to be a warranty; that the title to the land had failed, and his recent discovery that his deed from Baker was not a warranty. The petition was adjudged defective, on demurrer.
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Appeal from Harris. Tried below before the Hon. James Masterson. January 10, 1874, Kuhlman sued Baker in the District Court of Harris county, alleging his purchase of land in April, 1856, of Baker, for which he took a quit-claim deed, believing it to be a warranty; that the title to the land had failed, and his recent discovery that his deed from Baker was not a warranty. The petition was adjudged defective, on demurrer. The opinion of the court sets out sufficiently the allegations of the petition discussed by the court.
1Opinion of the Court
Gould, Associate Justice.
The court sustained exceptions to the petition on the ground of limitation, and the question presented is the correctness of that ruling.
The petition alleged a purchase of land by plaintiff' from defendant in April, 1856; that plaintiff could neither read nor write, and was in the habit of going to defendant for advice; that defendant, knowing the plaintiff had confidence in his representations, and for the express purpose of defrauding plaintiff’ falsely represented that he was the owner of the land, and promised that he would make plaintiff a good title thereto, and…
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