Dawson v. Sparks
Texas Commission of Appeals
Appeal from Falls. Tried below before the Hon. L. 0. Alexander. In December, 1866, J. H. Sparks brought suit against H. N. Dawson to recover a certain tract of land in McLennan county.
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Appeal from Falls. Tried below before the Hon. L. 0. Alexander. In December, 1866, J. H. Sparks brought suit against H. N. Dawson to recover a certain tract of land in McLennan county. The suit was based upon allegations to the effect that plaintiff had conveyed to defendant the land in October, 1865, in consideration of a stock of cattle which defendant owned, and that defendant had misrepresented the cattle, as to their number, quality, etc., and the plaintiff had thereby been deceived and defrauded. The defendant denied all the allegations in the petition charging fraud and…
1Opinion of the CourtWalker, P. J.
A report of the former appeal is to be seen in 47 Tex., 138. The statement of the case says that a detail of the facts testified to would serve no useful purpose. . . . That over fifty witnesses were examined, most of whom assumed to be familiar with the same facts about which they testified, and one-half of them were contradicted by the other. The same remarks are applicable to the record now before us, with the variation, however, in the statement as to the number of witnesses who testified on the last trial, they having increased from fifty to about one hundred and twenty.
Chief Justice…
2Cases cited26 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Pratt v. CarrollSupreme Court of the United States · 1814
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Gatling v. NewellIndiana Supreme Court · 1857
- Barnett v. StantonSupreme Court of Alabama · 1841
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3Cited by4 opinions
- Randleman v. CargileCourt of Appeals of Texas · 1914
- Long v. CallowayCourt of Appeals of Texas · 1920
- Auburn Dallas Co. v. StewartCourt of Appeals of Texas · 1932
- Varn v. GonzalesTexas Commission of Appeals · 1920