Jones v. Philips
Texas Supreme Court
Appeal from Jack. Tried below before the Hon. A. J. Hood. Suit by appellant upon two promissory notes alleged to have been for a tract of land in Jack county. Plaintiff filed his first amendment, setting out the notes, amounting together to $375.99, alleging their making and delivery, describing the land for which they were given, praying judgment for the amount, and foreclosure, etc.
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Appeal from Jack. Tried below before the Hon. A. J. Hood. Suit by appellant upon two promissory notes alleged to have been for a tract of land in Jack county. Plaintiff filed his first amendment, setting out the notes, amounting together to $375.99, alleging their making and delivery, describing the land for which they were given, praying judgment for the amount, and foreclosure, etc. Defendant denied generally, pleaded failure of title, and fraudulent representations by plaintiff that he had a good title,, which were relied on by defendant; that plaintiff had given a bond for title to…
1Opinion of the Court
Delany, J. Com. App.—
The defendant below resisted the payment of the notes upon the ground that the plaintiff had no title to *611the land. To prove this he introduced a patent from the state for the same land to one Louis Bouillett: Appellant, in his second assignment of error, insists that the patent should not have been admitted, because the defendant had given no notice of his intention to introduce it; and he refers us to art. 4329, R. S., as follows: “Letters patent from the state of Texas, or any grant from the government, executed and authenticated pursuant to existing law, may be…
2Cases cited2 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Green v. ChandlerTexas Supreme Court · 1860
3Cited by7 opinions
- Roberts & Corley v. McFadden, Weiss & KyleCourt of Appeals of Texas · 1903
- Wilson v. BeckCourt of Appeals of Texas · 1926
- Abbott v. City of GalvestonTexas Supreme Court · 1904
- Burris v. HastertCourt of Appeals of Texas · 1945
- Ford v. CulbertsonCourt of Appeals of Texas · 1957
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