Edwards v. Atkinson
Texas Supreme Court
Error from Smith. Action of trespass to try title, by the plaintiff in error against the defendant in error, commenced September 13th, 1852. The defendant pleaded articles of agreement between himself and the plaintiff, as follows : dated Oct. 11th, 1848; for the sum of $333 33, to be paid to the plaintiff in three annual installments, for which the defendant had issued his three promissory notes, plaintiff covenanted, upon the punctual payment thereof, to convey the land…
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Error from Smith. Action of trespass to try title, by the plaintiff in error against the defendant in error, commenced September 13th, 1852. The defendant pleaded articles of agreement between himself and the plaintiff, as follows : dated Oct. 11th, 1848; for the sum of $333 33, to be paid to the plaintiff in three annual installments, for which the defendant had issued his three promissory notes, plaintiff covenanted, upon the punctual payment thereof, to convey the land without warranty to the defendant; “ and the said Arthur Atkinson of “ the other part, does hereby covenant and agree for…
1Opinion of the Court
Hemphill, Ch. J.
This was an action by the plaintiff, Edwards, to try the title and recover the possession of a tract of land. The defendant, Atkinson, set up that there was an agreement for the sale of the land, and the effect or intention of his averment was, that although he, as purchaser, had not complied literally with his stipulations, in paying the purchase *376money when due, yet that he had tendered the, money in less than three months afterwards, and that he now tendered it, and prayed that the plaintiff be compelled to make title.
The plaintiff, on these pleadings, is entitled to a writ…
2Cases cited1 opinion
- Wells v. SmithNew York Court of Chancery · 1837
3Cited by11 opinions
- McKnight v. RenfroCourt of Appeals of Texas · 1963
- Presidio Mining Co. v. BullisTexas Supreme Court · 1887
- Stitzle v. EvansTexas Supreme Court · 1889
- Killough v. LeeCourt of Appeals of Texas · 1893
- Chandler v. RileyCourt of Appeals of Texas · 1919
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