Jones v. Taylor
Texas Supreme Court
Appeal from Leon. This action was brought on a note given for tiie purchase of a tract of land. The note was executed on the 29th of May, 1849, payable twelve months after date, and the petition was filed on the 30th of August, 1830. Tiie plaintiff, at the date of the contract, executed bis bond for title, covenanting that, in a reasonable time, lie would make or canse to be made to tiie defendant a good and sufficient deed to tiie premises, upon die payment of die said…
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Appeal from Leon. This action was brought on a note given for tiie purchase of a tract of land. The note was executed on the 29th of May, 1849, payable twelve months after date, and the petition was filed on the 30th of August, 1830. Tiie plaintiff, at the date of the contract, executed bis bond for title, covenanting that, in a reasonable time, lie would make or canse to be made to tiie defendant a good and sufficient deed to tiie premises, upon die payment of die said note. The plaintiff averred his readiness to make the said deed, on tiie payment of the purchase-money. The defendant…
1Opinion of the Court
Hemphill, Ch. J.
Several errors were assigned, presenting, however, but two points deserving consideration, viz, whether tiie vendor had exhibited proof of legal title in himself; and, if not, whether lie was, nevertheless, entitled to recover. As to the first, it was urged that the deed of tiie administrator, by way of recital, should have contained a narrative of tiie principal proceedings in the suit on which the decree for conveyance was founded ; and also (lie decree; and that, for the want of this, the deed was void, and conveyed no title.
*122By reference to the section of the statute under…
2Cited by10 opinions
- Wells v. Dotson, Texas Court of Appeals, 12th District (Tyler)2008
- Smith v. PegramCourt of Appeals of Texas · 1935
- James v. GaalCourt of Appeals of Texas · 1926
- Bliss v. SchlundNebraska Supreme Court · 1932
- Morrison v. LoftinTexas Supreme Court · 1875
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