Randon v. Barton
Texas Supreme Court
Error from Bastrop. The defendant in error brought suit against tlie plaint iff in error jointly with Edward Burleson-and Thomas F. McKinney, in the District.
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Error from Bastrop. The defendant in error brought suit against tlie plaint iff in error jointly with Edward Burleson-and Thomas F. McKinney, in the District. Court for Bastrop county, on the 20th day of July, 1847. The petition alleged, in substance, that the plaintiff was- the owner of a certain contract in writing, made by Burleson with McKinney and Bandon, for the transfer, by the. former to tlie latter, of certain land certificates described in the petition, and calling for tlie quantity of four thousand one hundred and sixty acres of land; that for a valuable consideration the defendant…
1Opinion of the CourtWheeler, J.
Of the several errors assigned there are but two which are deemed of a character to require particular ’notice, and these are—
1st. That the plaintiff did not show tiie use of diligence sufficient to charge the indorser, Bandon.
2d. That the verdict is illegal in having found the present value of the land certificates.
That the plaintiff could maintain this action against the defendants jointly, and in tiie county of the residence of either, cannot admit of a doubt. (Acts of 1846, p. 375, sec. 46; Id., pp. 363, 364, sec. 1.)
But it is insisted that tiie plaintiff did not use due diligence to…
2Cases cited1 opinion
- Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
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- Ringgold v. GrahamTexas Commission of Appeals · 1929
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- Missouri-Kansas-Texas R. v. ThomasonCourt of Appeals of Texas · 1926
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