Carter v. Carter
Texas Supreme Court
Error from Eayette. The defendant in error sued the plaintiff in error, alleging iu substance that being greatly in want of money, he applied to the-defendant (the plaintiff in error) for four hundred dollars upon the mortgage of a negro woman and her child, worth eight hundred dollars; that the defendant agreed to let him have the four hundred dollars, upon condition that lie (the plaintiff) would execute to the defendant a bill of sale of the negroes, at the same time…
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Error from Eayette. The defendant in error sued the plaintiff in error, alleging iu substance that being greatly in want of money, he applied to the-defendant (the plaintiff in error) for four hundred dollars upon the mortgage of a negro woman and her child, worth eight hundred dollars; that the defendant agreed to let him have the four hundred dollars, upon condition that lie (the plaintiff) would execute to the defendant a bill of sale of the negroes, at the same time agreeing that the plaintiff should have the right to-redeem them at any time, by returning him the amount of money advanced;…
1Opinion of the Court
We have repeatedly decided that where exceptions are filed but not subsequently noticed in. the proceedings below, they will be deemed to have been waived by the party filing them. (Note 12.)
Although it is usual and perhaps necessary, under the English rules of pleading, expressly to charge a fraudulent intent where the fraud is alleged to consist in intention, and the quo animo is the gist of the inquiry, because in that case fraud is a question of fact, yet we are not aware of any rule or principle in our law which requires the fraudulent intent to be expressly averred where it is a…
2Cited by44 opinions
- Herbert v. HerbertTexas Supreme Court · 1988
- Larson v. Cactus Utility Co.Texas Supreme Court · 1987
- Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
- Bradshaw v. McDonaldTexas Supreme Court · 1949
- Floyd v. RiceTexas Supreme Court · 1866
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