Houston & T. C. R. R. Co. v. McKinney
Texas Supreme Court
Appeal from Oollin. Tried below before the Hon. W. H. Andrews. W. C. McKinney brought this suit for the cancellation of a deed which he made, conveying the right of way over a certain tract of land to the appellant, on the allegation of fraudulent representations and undertakings of the appellant’s agent, who solicited from him the deed, and was at the time acting as the appellant’s agent to procure rights of way for its railroad; also for damages for the breach of the…
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Appeal from Oollin. Tried below before the Hon. W. H. Andrews. W. C. McKinney brought this suit for the cancellation of a deed which he made, conveying the right of way over a certain tract of land to the appellant, on the allegation of fraudulent representations and undertakings of the appellant’s agent, who solicited from him the deed, and was at the time acting as the appellant’s agent to procure rights of way for its railroad; also for damages for the breach of the stipulation of the agreement, made as a consideration and as alleged sole inducement for giving the right of way without…
1Opinion of the Court
Walker, P. J. Com. App.
We will consider, first, the appellant’s second assignment of error, that the court erred in overruling the demurrer to plaintiff’s petition. The suit is not brought to rescind the contract which was made, for, notwithstanding the petition prays for cancellation of the deed, it prays that the same right of way conveyed by it to defendant be confirmed by a decree condemning the said land to the defendant’s use and benefit. A condemnation of land to a railway company’s right of way, over and through the land, by a decree of court, vests the same right as that which the…
2Cases cited8 opinions
- Henderson v. RailroadTexas Supreme Court · 1856
- Rossiter v. RossiterNew York Supreme Court · 1832
- Duffy v. HobsonCalifornia Supreme Court · 1870
- East Line & Red River Railroad v. GarrettTexas Supreme Court · 1879
- Reese v. MedlockTexas Supreme Court · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kahn v. KahnTexas Supreme Court · 1900
- Paris Grocer Co. v. W.H. BurksTexas Supreme Court · 1907
- Fraley, Adm'r v. WilkinsonSupreme Court of Oklahoma · 1920
- Rogers v. RogersTexas Commission of Appeals · 1929
- Mutual Reserve Lies Insurance v. SeidelCourt of Appeals of Texas · 1908
21 more not listed; retrieve them via the Exa API.