Moreland v. Atchison
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. William S. Todd. . . , Petition filed September 21st, 1855, as follows : The petition of.
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Appeal from Grayson. Tried below before the Hon. William S. Todd. . . , Petition filed September 21st, 1855, as follows : The petition of. George W. Morelamd, a resident of Grayson county, would represent and show that heretofore, to-wit: on the 30th day of October, A. D., 1854, he purchased of one Robert Atchison, who is also a resident of Grayson county, and who peti1 tioner prays may be made a defendant to this petition, three hundred and twenty acres of land in Grayson county, and described as follows. [Here followed a description of the land by metes and bounds, fixing the beginning…
1Opinion of the CourtWheeler, J.
Whatever differences of opinion adjudged eases may exhibit, as to the cases where the purchaser of land will be entitled to have the contract rescinded, or to be relieved against securities given for the purchase money, where there is no charge of fraud, it is clearly settled beyond controversy, that Chancery will decree a return of the purchase money, for insufficiency of title, even after the purchase has been carried completely into execution, by delivery of the deed and payment of the money, and whether the deed was with or without covenants, provided there had been a fraudulent…
2Cases cited2 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Underwood v. BrockmanCourt of Appeals of Kentucky · 1836
3Cited by46 opinions
- Safety Casualty Co. v. McGeeTexas Supreme Court · 1939
- Ramey v. AllisonTexas Supreme Court · 1885
- Hunt County Oil Co. v. ScottCourt of Appeals of Texas · 1902
- Atkins v. WombleCourt of Appeals of Texas · 1957
- Moore v. City of BeaumontCourt of Appeals of Texas · 1946
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