Alexander v. Baylor
Texas Supreme Court
Error from Bexar. Tried below before the Hon. Thomas J. Devine. On the 13th of July, 1853, W. K. Baylor, who held the title bond of W. D. Mays for 640 acres of land included in the suit of Gilbeau v. Mays, commenced in the District Court of Bexar county on the 2d of July, and finally decided in this Court in favor of said Mays at the Austin Session, 1855, sold the same to J. B. Alexander, the plaintiff in this suit.
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Error from Bexar. Tried below before the Hon. Thomas J. Devine. On the 13th of July, 1853, W. K. Baylor, who held the title bond of W. D. Mays for 640 acres of land included in the suit of Gilbeau v. Mays, commenced in the District Court of Bexar county on the 2d of July, and finally decided in this Court in favor of said Mays at the Austin Session, 1855, sold the same to J. B. Alexander, the plaintiff in this suit. Mays testified that the agreement at the time was that Alexander was to look to him for a title; and accordingly Mays took up his bond to Baylor, and gave Alexander a bond to make…
1Opinion of the CourtWheeler, J.
It does not appear that the agreement, between the plaintiff and defendant, for forbearance to enforce payment, was made to depend upon the suit of Gilbeau v. Mays. The answer distinctly denies that it was, and alleges that payment was to he made when Mays would agree to make title. The evidence conduces to support the answer in this particular; and establishes, moreover, that Mays did agree to make, and the plaintiff to accept the title before the bringing of the suit complained of; and that it was the fault of the latter that it was not made. It does not appear, therefore, that the suit was…
2Cited by7 opinions
- De Bruhl v. MaasTexas Supreme Court · 1881
- Reynolds v. McCullough, Texas Court of Appeals, 4th District (San Antonio)1987
- Mexican Nat. Coal, Timber & Iron Co. v. FrankU.S. Circuit Court for the District of Texas · 1907
- Missouri, Kansas & Texas Railway Co. v. DentonCourt of Appeals of Texas · 1902
- McHowell v. StateCourt of Criminal Appeals of Texas · 1899
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