Hammers v. Hanrick
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. Eugene Williams. This suit was brought by appellees for possession of land sold appellant’s vendor under an executory contract involving annual payments. The answer which presented the defenses referred to in the opinion, was on exceptions stricken out.
1Opinion of the Court
Collard, Judge.
Wo are of the opinion the defendant’s answer should not have been stricken out. The allegations are that Harvey was already in possession when he entered into the contract with plaintiff to pay for the premises, and was. at the time claiming adversely to plaintiff; that defendant undertook to comply with the Harvey contract; that when the original contract was made, and when defendant assumed to perform it, the plaintiff represented to them that he was the sole heir of Edward Hanrick, deceased, and induced both of them to believe he was such heir and owned all the land; and…
2Cases cited3 opinions
- Tyler v. DavisTexas Supreme Court · 1884
- Rodgers v. DailyTexas Supreme Court · 1877
- Turner v. FergusonTexas Supreme Court · 1882
3Cited by2 opinions
- Meeker v. KaelinU.S. Circuit Court for the District of Western Washington · 1909
- Gray v. WhitlaSupreme Court of Oklahoma · 1918