Legal Opinion

Jones v. Ford

Texas Supreme Court

Decided October 9, 1883No. Case No. 1493PublishedCited by 46 opinions

Appeal from Harrison. Tried below before the Hon. A. J. Booty. The appellee alleged in his petition that he was the owner in fee simple, on the 10th of March, 1881, of lots 3 and 4 in the Williams addition to the city of Marshall; that on that day he entered into a contract with Jones for the erection of four tenement houses on the lots, including outhouses, fences, wells, etc., for which he obligated himself to pay $4,250; afterwards, by a verbal agreement, an additional…

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Appeal from Harrison. Tried below before the Hon. A. J. Booty. The appellee alleged in his petition that he was the owner in fee simple, on the 10th of March, 1881, of lots 3 and 4 in the Williams addition to the city of Marshall; that on that day he entered into a contract with Jones for the erection of four tenement houses on the lots, including outhouses, fences, wells, etc., for which he obligated himself to pay $4,250; afterwards, by a verbal agreement, an additional room was to be added to each of the houses, for which he also obligated himself to pay the further sum of $500; that…

1Opinion of the Court

Willie, Chief Justice.

The appellant Jones insists that his general demurrer to appellee’s pleadings should have been sustained: 1. Because it was a misjoinder of actions to seek a recovery upon a moneyed demand in a suit for the possession of real estate. 2. Because it was a misjoinder of parties to include such a suit against himself with a suit against his co-defendant, to cancel alien claimed by the latter upon the property, the possession of which was in controversy.

Waiving all question as to appellant’s right to raise these objections on general demurrer, we hold that there was no…

2Cases cited1 opinion

  1. Pearce v. BellTexas Supreme Court · 1858

3Cited by46 opinions

  1. Ablowich v. Greenville Natl. Bank.Texas Supreme Court · 1902
  2. Wolf v. PerrymanTexas Supreme Court · 1891
  3. American Automobile Ins. Co. v. StruweCourt of Appeals of Texas · 1920
  4. Retail Credit Company v. HymanCourt of Appeals of Texas · 1958
  5. Rushing v. Citizens' National Bank of PlainviewCourt of Appeals of Texas · 1913

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