Wheeler v. Styles
Texas Supreme Court
Appeal from Ellis. The case was tried before Hon. Hat. M. Bureord, one of the district judges. The appellee brought this suit on the 4th of January, 1859, to recover from the appellant, with interest, the sum of $160 paid by the plaintiff to the defendant on the 19th of September, 1855, as the purchase of one hundred and sixty acres of land in Ellis county.
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Appeal from Ellis. The case was tried before Hon. Hat. M. Bureord, one of the district judges. The appellee brought this suit on the 4th of January, 1859, to recover from the appellant, with interest, the sum of $160 paid by the plaintiff to the defendant on the 19th of September, 1855, as the purchase of one hundred and sixty acres of land in Ellis county. The defendant’s bond to make title for the land to the plaintiff “ so soon as said Wheeler shall get a patent to the same, and said Wheeler shall make every reasonable exertion to procure the same,” was filed as part of the petition. It…
1Opinion of the CourtDonley, J.
—The bond upon which this action is founded is conditioned, that appellant shall make, or cause to be made, to appellee a good and sufficient title to one hundred and sixty acres of land, the west half of a survey of three hundred and twenty acres made for appellant as his preemption claim, so soon as appellant should ojbtain a patent to the land, using diligence to procure it.
From the evidence, it appears that Wheeler settled upon the land in December, 1854, or January, 1855. If the land claimed by him were liable to his settlement and pre-emption claim, he was entitled to one hundred and…
2Cases cited3 opinions
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3Cited by30 opinions
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