Legal Opinion

Walton v. Reager

Texas Supreme Court

Decided July 1, 1857PublishedCited by 10 opinions

Error from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by defendant in error, administrator of William Baker, deceased, against plaintiffs in error, on a note for §904. Answer as follows:— That the said note, sued upon, was given as the consideration for a certain tract of land, purchased by one of these defendants at an administration sale by the said Reager, of the assets, belonging, and believed to belong, to the estate of William Baker, deceased ; which…

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Error from Travis. Tried below before the Hon. Thomas H. DuVal. Suit by defendant in error, administrator of William Baker, deceased, against plaintiffs in error, on a note for §904. Answer as follows:— That the said note, sued upon, was given as the consideration for a certain tract of land, purchased by one of these defendants at an administration sale by the said Reager, of the assets, belonging, and believed to belong, to the estate of William Baker, deceased ; which said land is described as follows: For more certainty, however, reference is here made to the original deed of conveyance,…

1Opinion of the CourtRoberts, J.

This is a suit brought by Reager, administrator, against Walton and others, on a promissory note for nine hundred and four dollars. Defendants below plead a failure of consideration. To this plea a general exception is filed, which was sustained by the Court. The ruling of the Court deciding the plea to be defective, being excepted to, and assigned as error, presents the only question in the ease for review in this Court.

The answer, for the most part, consists of legal conclusions, deductions from facts not disclosed, and vague references to facts dimly portrayed. By culling out what is…

2Cited by10 opinions

  1. Glasscock v. HamiltonTexas Supreme Court · 1884
  2. Turney v. WilliamsTexas Supreme Court · 1876
  3. Altgelt v. MernitzCourt of Appeals of Texas · 1904
  4. Club Land & Cattle Co. v. Dallas CountyCourt of Appeals of Texas · 1901
  5. Akin v. HornCourt of Appeals of Texas · 1883

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