Dugan's Heirs v. Colville's Heirs
Texas Supreme Court
Error irom Grayson. This suit was brought in 184G by tiie heirs of Colville against tiie heirs of Dugan, to compel a specific performance of a contract for tiie conveyance of land.
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Error irom Grayson. This suit was brought in 184G by tiie heirs of Colville against tiie heirs of Dugan, to compel a specific performance of a contract for tiie conveyance of land. The petition and amended petition alleged that Silas C. Colville, (through whom tiie petitioners claimed title,) in hi* lifetime, in 1840, purchased from Daniel Dugan, ji\, for a valuable consideration, his headlight certificate for one-third of a league of land, granted him by the hoard of land commissioners for Fannin county, which certificate was then delivered over to the. said Silas C., together with tiie…
1Opinion of the CourtDipscomb, J.
There were many points made in the discussion by the counsel for the plaintiff in error; but in looking into the record, we believe that as there is no statement of facts nor bill of exceptions, only two points can be considered by us, the demurrer and the statute of limitations. The record shows that the last cannot be sustained, as it had not interposed a bar at the time this suit was instituted, as it could not commence running until the issue of the patents. We believe tlie statute of frauds set up by the demurrer is equally unavailable.
The doctrine of how far a part-performance of the…
2Cited by14 opinions
- Ponce v. McWhorterTexas Supreme Court · 1879
- Munk v. WeidnerCourt of Appeals of Texas · 1895
- Robinson v. DavenportTexas Supreme Court · 1874
- Ryan v. LoftonCourt of Appeals of Texas · 1916
- Union Properties Company v. KleinCourt of Appeals of Texas · 1960
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