Jones v. Goff
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. S. Walker. Appellee brought suit against appellants Charles G. Jones and wife: 1. Tor the reformation of an agreement executed by appellants January 8, 1883, whereby they agreed to convey to appellee certain, land in Austin city, so as to correct an alleged mistake as to quantity; and 2. To compel specific performance of the agreement to convey, after reformation thereof might be granted, or, if reformation was denied, then…
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Appeal from Travis. Tried below before the Hon. A. S. Walker. Appellee brought suit against appellants Charles G. Jones and wife: 1. Tor the reformation of an agreement executed by appellants January 8, 1883, whereby they agreed to convey to appellee certain, land in Austin city, so as to correct an alleged mistake as to quantity; and 2. To compel specific performance of the agreement to convey, after reformation thereof might be granted, or, if reformation was denied, then according to the terms of the instrument; and 3. As against appellant Charles G. Jones for damages: {a).t for failure of…
1Opinion of the Court
Watts, J. Com. App.
This is a suit against the husband and wife to compel the specific performance of an executory contract to convey a part of the homestead. The contract consisted of a bond for title duly executed by both husband and wife, and privily acknowledged as prescribed by law, for the conveyance of her separate property or homestead. After hearing the evidence the court below decreed a specific performance, notwithstanding it clearly appeared that the property constituted a part of the homestead, and that fact was interposed as a defense.
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2Cases cited3 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Clarke v. ReinsSupreme Court of Virginia · 1855
3Cited by35 opinions
- Sisk v. RandomTexas Supreme Court · 1934
- Stitzle v. EvansTexas Supreme Court · 1889
- Rich v. McMullanCourt of Appeals of Texas · 1974
- Click v. SealeCourt of Appeals of Texas · 1975
- Blue v. ConnerCourt of Appeals of Texas · 1920
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