Castro v. Gentiley
Texas Supreme Court
Appeal from Medina. This suit was brought on a note of hand given by the appellant to the appellee. The defendant, in his answer, admitted the note, but claimed some credits for payments, and answered in reconvention, that a bond was given to him, by the plaintiff, for the conveyance of a lot of land, and averred that the plaintiff had conveyed the same land to an innocent purchaser without notice, and thereby deprived himself of the ability to discharge the obligation of…
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Appeal from Medina. This suit was brought on a note of hand given by the appellant to the appellee. The defendant, in his answer, admitted the note, but claimed some credits for payments, and answered in reconvention, that a bond was given to him, by the plaintiff, for the conveyance of a lot of land, and averred that the plaintiff had conveyed the same land to an innocent purchaser without notice, and thereby deprived himself of the ability to discharge the obligation of bis bond, and claimed the value, which he averred to be one dollar per acre. (The bond was hot given upon a sale of land…
1Opinion of the CourtLipscomb, J.
The right of the defendant, to plead in re-convention, is not a Common Law right, but is given by the statute, in Art. 609, Hart. Dig. It provides as follows: “ Where the defendant may have a claim against the plain- “ tiff, similar in its nature, but it need not be of the same de- “ gree, to that of the plaintiff’s, he shall be permitted to file in “ his answer a plea of reconvention, setting forth the amount “ due him, and judgment shall be given in favor of the party “ establishing the largest claim, for the excess of his claim “ over that of his opponent, and for costs.”
The cases decided…
2Cited by14 opinions
- Duncan v. MagetteTexas Supreme Court · 1860
- Goldstein v. Union National BankTexas Supreme Court · 1919
- Dees v. ThompsonCourt of Appeals of Texas · 1914
- Neely v. Grayson County National BankCourt of Appeals of Texas · 1901
- State v. St. Louis Southwestern Ry. Co. of TexasCourt of Appeals of Texas · 1913
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