Legal Opinion

Green v. Chandler

Texas Supreme Court

Decided July 1, 1860PublishedCited by 15 opinions

Error from Walker. Tried below before the Hon. Peter W. Gray. On the 29th day of May, 1853, James Chandler brought this suit against B. S. Green, S. B. Green and T. G. Green, as the joint and several makers of a promissory note payable to him for the sum of §5,362, dated June 29th, 1857, and due the 1st of January, 1861. An attachment was prayed for against the defendants, which was issued, and on the day of filing the petition, was executed by the seizure of four slaves of…

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Error from Walker. Tried below before the Hon. Peter W. Gray. On the 29th day of May, 1853, James Chandler brought this suit against B. S. Green, S. B. Green and T. G. Green, as the joint and several makers of a promissory note payable to him for the sum of §5,362, dated June 29th, 1857, and due the 1st of January, 1861. An attachment was prayed for against the defendants, which was issued, and on the day of filing the petition, was executed by the seizure of four slaves of the defendants, which they afterwards replevied. The defendant, B. S. Green, in June 1858, obtained an injunction…

1Opinion of the CourtRoberts, J.

The charge of the court is concluded with the following instructions, to-wit: “On the whole case then, as to titles, the court instructs that the law of the" case is with the plaintiffs, for want of sufficient proof of any material defects in his title, or of any valid superior title in a third party.” This in effect decided the case. Eor if there was no sufficient evidence of a defective title, or superior outstanding title in another, the grounds set forth by Green in his answer, for a rescission of the contract of sale had failed. The true issue was whether or not Green had a right, under…

2Cases cited1 opinion

  1. Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838

3Cited by15 opinions

  1. Buchanan v. Burnett and WifeTexas Supreme Court · 1909
  2. Cross v. EvertsTexas Supreme Court · 1866
  3. Giles v. Union Land Co.Court of Appeals of Texas · 1917
  4. Sweet v. BerryCourt of Appeals of Texas · 1921
  5. Jones v. PhilipsTexas Supreme Court · 1883

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