Legal Opinion

Clark v. Mumford

Texas Supreme Court

Decided December 2, 1884No. Case No. 1352PublishedCited by 19 opinions

Appeal from Dallas. Tried below before the Hon. Z. Hunt. Richard H. Mumford brought this suit against the defendants to recover of them, as heirs at law of one William Clark, damages for breach of covenant of title contained in a deed alleged to have been made by Clark to plaintiff on the 7th day of January, 1853, conveying the tract of land described in the petition and situated near the town of Covington, in the state of Tennessee, containing one hundred and forty-seven…

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Appeal from Dallas. Tried below before the Hon. Z. Hunt. Richard H. Mumford brought this suit against the defendants to recover of them, as heirs at law of one William Clark, damages for breach of covenant of title contained in a deed alleged to have been made by Clark to plaintiff on the 7th day of January, 1853, conveying the tract of land described in the petition and situated near the town of Covington, in the state of Tennessee, containing one hundred and forty-seven acres. It was alleged that William Clark purchased the land of the heirs of one James P. Taylor under and by virtue of a…

1Opinion of the Court

Watts, J. Com. Apr.

This was an action for the recovery of damages on account of a breach of warranty in the sale of lands. Upon the trial the court admitted, over the objections of appellants, a transcript from the supreme court of Tennessee, including the decree by virtue of which appellee’s title to an undivided one-third interest in the lands was divested out of him, and vested in Mrs. Aiken. And it is claimed that this was error for which the judgment ought to be reversed. The objections urged against the admission of the transcript were that the appellants were not parties to that suit,…

2Cases cited4 opinions

  1. McClelland v. MooreTexas Supreme Court · 1877
  2. Holladay v. DailySupreme Court of the United States · 1874
  3. Somers v. SchmidtWisconsin Supreme Court · 1869
  4. Raquet v. NixonTexas Supreme Court · 1841

3Cited by19 opinions

  1. Schneider v. Lipscomb County National Farm Loan Ass'nTexas Supreme Court · 1947
  2. Felts v. WhitakerCourt of Appeals of Texas · 1939
  3. Elliott v. ElliottSupreme Court of Arkansas · 1972
  4. Johns v. HardinTexas Supreme Court · 1891
  5. Old Nat. Life Ins. Co. v. BibbsCourt of Appeals of Texas · 1944

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