Legal Opinion

Taylor v. Carter

Texas Supreme Court

Decided November 28, 1884No. Case No. 1775PublishedCited by 3 opinions

Error from Van Zandt. Tried below before the Hon. Felix J. McCord. This suit was brought by appellee Carter against appellant Taylor on three notes for $250 each, due in one, two and three years, respectively, alleged to have been executed by Taylor as part purchase money for ninety-two and one-half acres of land situated in VanZandt county. Taylor filed a general demurrer, special exceptions and general denial.

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Error from Van Zandt. Tried below before the Hon. Felix J. McCord. This suit was brought by appellee Carter against appellant Taylor on three notes for $250 each, due in one, two and three years, respectively, alleged to have been executed by Taylor as part purchase money for ninety-two and one-half acres of land situated in VanZandt county. Taylor filed a general demurrer, special exceptions and general denial. He also alleged that Carter had misrepresented the quantity of the land, for he (Carter) had pointed out certain land inclosed, as the land he was selling, it being the land the lien,…

1Opinion of the Court

West, Associate Justice.

A number of errors were assigned,, but at the last all of them are abandoned or waived except those bringing in question the correctness of the final decree, by reason of an alleged material variance between the locus in quo, as set out in the pleadings of defendant in error, and as described in the final decree of foreclosure.

We have given very careful consideration to this ground of error, *490and are of the opinion that the variance is not so material as to require either the reversal or the reformation of the judgment. The third line of the survey is given in the…

2Cases cited1 opinion

  1. Throckmorton v. DavenportTexas Supreme Court · 1881

3Cited by3 opinions

  1. Newsom v. CouchCourt of Appeals of Texas · 1924
  2. Weinert v. SimangCourt of Appeals of Texas · 1902
  3. Newsom v. CouchCourt of Appeals of Texas · 1924

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