Legal Opinion

Humphrey v. McCarty

Court of Appeals of Texas

Decided February 17, 1923No. 10110PublishedCited by 7 opinions

1Opinion of the CourtBuck, J.

T. D. Humphrey, O. W. Harvey, Roy I. Carter, C. C. Schumway, and Judge Chas. F. Spencer bought from S. H. McCarty, Jr., his mother, brothers, and sisters, an oil and gas lease on 217 acres of land in Wichita county, for $21,700. Some time after the purchase, the buyer had the land surveyed, and it was found that there were only 131.4 acres in the tract; there being a shortage of 85.6 acres. Efforts were made by the lessees to have the lessors return the $8,560, alleged to be due upon a valuation of $100 an acre, and finally the lessors did pay the lessees $6,420, or $75 an acre, for the…

2Cases cited5 opinions

  1. Low, Administrator v. FeltonTexas Supreme Court · 1892
  2. Lanes, Boyce & Co. v. Squyres & IglehartTexas Supreme Court · 1876
  3. Rotan Grocery Co. v. NobleCourt of Appeals of Texas · 1904
  4. Randolph v. StateTexas Supreme Court · 1853
  5. Webber v. Swift & Co.Court of Appeals of Texas · 1920

3Cited by7 opinions

  1. McCarty v. HumphreyTexas Commission of Appeals · 1924
  2. American Refining Co. v. Sims Oil Co.Court of Appeals of Texas · 1926
  3. Johnson v. First Mortg. Loan Co. of San AngeloCourt of Appeals of Texas · 1939
  4. O'Rear v. SimerCourt of Appeals of Texas · 1926
  5. Pavelka v. OvertonCourt of Appeals of Texas · 1932

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