Brock v. Jones
Texas Supreme Court
Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Suit by appellee against appellant, to recover two lots of ground in the city of Galveston, and cancel a deed for same, which the defendant had obtained unfairly from the plaintiff.
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Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Suit by appellee against appellant, to recover two lots of ground in the city of Galveston, and cancel a deed for same, which the defendant had obtained unfairly from the plaintiff. Answer of general denial; plea of not guilty ; and special plea, that said deed mentioned in and made a part of said petition, was executed by said Richard P. Jones, and tendered to this defendant in a suit brought by said Jones against this defendant, as stated in said petition, and that said suit was carried to the Supreme Court on a writ of error,…
1Opinion of the Court
Hemphill, Ch. J.
An examination, seriatim, of the errors assigned, would neither be profitable, nor, in some particulars, material to the decision ; and I shall inquire only into the two really essential questions in the cause, viz :
1st. Was the agreement of the 29th March, 1852, ever binding upon the principals, Brock and Jones ? and if so,
2nd. Was it binding, or could it have been enforced, at the commencement of this suit ?
As to the first, no question has been made as to the authority of Sherwood to represent his principal, Brock. This is admitted. Nor can any objection be sustained to the…
2Cases cited1 opinion
- Wood v. HitchcockNew York Supreme Court · 1838
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- State v. HoffmanTexas Supreme Court · 1918
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Tooke v. BondsTexas Supreme Court · 1867
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