Mead v. Randolph
Texas Supreme Court
Error from Anderson. This is a suit for specific performance. The plaintiff, Randolph, administrator of one Elias Moore, deceased, averred that in the year 1838 one John McCoy sold to tlie defendant, M. P. Mead, a tract of one hundred and sixty acres of land, and executed a title bond for a valuable consideration, and that tlie said title bond was, for a valuable and bona fide consideration, paid by tlie said Moore to tlie said Mead, transferred some time after its execution…
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Error from Anderson. This is a suit for specific performance. The plaintiff, Randolph, administrator of one Elias Moore, deceased, averred that in the year 1838 one John McCoy sold to tlie defendant, M. P. Mead, a tract of one hundred and sixty acres of land, and executed a title bond for a valuable consideration, and that tlie said title bond was, for a valuable and bona fide consideration, paid by tlie said Moore to tlie said Mead, transferred some time after its execution to the said Moore by tlie said Mead, by means of which the said Moore in his lifetime and the petitioner since his…
1Opinion of the Court
Hemphill, Ch. J.
The exclusion of a portion of Mrs. Madden’s testimony and of certain averments of the answer will be considered together. The evidence would have supported these allegations had they been permitted to stand; but being rejected, there was no error in the exclusion of the testimony. On considering the point presented I will barely premise that the transaction between the defendant and the deceased has manifestly been regarded by the parties, their counsel, and the court below, and has been discussed here by counsel, as if it were unaffected by the principles of Spanish…
2Cited by41 opinions
- Carl v. SettegastTexas Commission of Appeals · 1922
- Bradshaw v. McDonaldTexas Supreme Court · 1949
- Clark v. HaneyTexas Supreme Court · 1884
- Humble Oil & Refining Co. v. AtwoodTexas Supreme Court · 1951
- Brotherton v. WeathersbyTexas Supreme Court · 1889
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