Clay v. Hart
Texas Supreme Court
Error from Collin. Tried below before the Hon. W. H. _ Andrews. May 21, 1873, Adelia Clay brought an action of trespass to try title against Hardin Hart in the usual form, for a tract of land described in her petition.
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Error from Collin. Tried below before the Hon. W. H. _ Andrews. May 21, 1873, Adelia Clay brought an action of trespass to try title against Hardin Hart in the usual form, for a tract of land described in her petition. The defendant pleaded a general denial; not guilty; and, by amendment, alleged his purchase, on 29th of ¡November, 1870, of the land, from L. ¡K, Clay, testator of plaintiff, for the sum of $3,072, to be paid in two equal payments, for which notes were executed, one due February 1,1871, and the other due April 1,1871; that at the date of the purchase the vendor executed to…
1Opinion of the Court
Moore, Associate Justice.
It is evident the court below must have regarded this action as, in effect, a suit for the rescission of a contract for the sale of land. And if such was its real character, the parties would have been entitled, on their proper presentation by their pleadings, to have had an adjustment of their respective equities, so as to do complete justice between them in respect to the contract sought to be rescinded, and all matters connected with and growing out of it. (Terrill v. DeWitt, 20 Tex., 256; Thomas v. Beaton, 25 Tex. Supp., 321; Harris v. Catlin, 37 Tex., 581.)
But if…
2Cases cited6 opinions
- Estes v. BrowningTexas Supreme Court · 1853
- Patrick v. RoachTexas Supreme Court · 1858
- Walker v. EmersonTexas Supreme Court · 1858
- Hill v. StillTexas Supreme Court · 1857
- Harris v. CatlinTexas Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moore v. GieseckeTexas Supreme Court · 1890
- Slaughter v. Hardeman CountyCourt of Appeals of Texas · 1911
- State ex rel. Connor Lumber & Land Co. v. Circuit Court for Milwaukee CountyWisconsin Supreme Court · 1933