Browning v. Estes
Texas Supreme Court
— Appeal from Washington County. Tills action was brought for the recovery of lands. There were two suits between the same parties, each for separate parcels of land; hut as they involved precisely the same questions, they were consolidated; and the judgment rendered for the plaintiff in the court below (tho appellate here) embraced the lands in dispute in both cases. i The petition alleges title in the plaintiff, and trespass by the defendant.
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— Appeal from Washington County. Tills action was brought for the recovery of lands. There were two suits between the same parties, each for separate parcels of land; hut as they involved precisely the same questions, they were consolidated; and the judgment rendered for the plaintiff in the court below (tho appellate here) embraced the lands in dispute in both cases. i The petition alleges title in the plaintiff, and trespass by the defendant. In the answer, the limitation of five years and of three years is pleaded. And it was further averred that the plaintiff had, in the year 1839, put…
1Opinion of the CourtChief Justice Hemphill
In the argument of this cause, it was contended that the land had been actually sold to the vendee, and that the agreement for sale was not executory but executed.
We cannot assent to this proposition, nor to the construction by counsel of the terms of the bond for title, nor do we deem this construction sufficiently doubtful to require a critical ex*474.amination for the expression of the instrument, especially as the jury has found that the parties contracted and bargained for the sale of the land, and not that the land had been actually sold.
The first point, then, for consideration is, whether…
2Cases cited3 opinions
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
- Marlin v. WillinkSupreme Court of Pennsylvania · 1821
3Cited by23 opinions
- Denver, South Park & Pacific Railway Co. v. WoodwardSupreme Court of Colorado · 1878
- Keys v. MasonTexas Supreme Court · 1875
- Johnson v. SmithTexas Supreme Court · 1926
- Texas & New Orleans Railroad v. SpeightsTexas Supreme Court · 1901
- Baker v. ComptonTexas Supreme Court · 1879
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