Durst v. Swift
Texas Supreme Court
Appeal from Harris. The appellee brought suit against the appellant, in Galveston county, on a covenant, or agreement under seal, made by the latter in favor of Samuel Jones, and assigned to the plaintiff.
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Appeal from Harris. The appellee brought suit against the appellant, in Galveston county, on a covenant, or agreement under seal, made by the latter in favor of Samuel Jones, and assigned to the plaintiff. The contract recited, that, in consideration of the sum of sixteen thousand five hundred dollars, the obligor, defendant in this suit, sold to the obligee five and a half leagues of land “ located and being in the counties of “ San Augustine, Nacogdoches, Rusk, Houston, and the south- “ ern half of Robertson.” It stipulated that “ there shall he “ included his own headright certificate for…
1Opinion of the CourtWheeler, J.
This suit was brought in Galveston county, under the provision of the fourth exception contained in the first Section of the Act of 1846 ; which prescribes that, with certain enumerated exceptions, suit must be brought in the county where the defendant has his domicil. The exception in question is as follows: “In cases where a person has con- “ tracted to perform an obligation in any particular county; “ in which case suit may be instituted in that county, or where “ the defendant has his domicil.” (Hart. Dig. Art. 667.)
There can be no question that the present case is plainly within the…
2Cases cited1 opinion
- Partridge v. GordonMassachusetts Supreme Judicial Court · 1819
3Cited by58 opinions
- Stewart v. BaseyTexas Supreme Court · 1952
- Eakin v. ScottTexas Supreme Court · 1888
- Collier v. BettertonTexas Supreme Court · 1895
- Lipscomb v. FuquaTexas Supreme Court · 1910
- Roberts & Corley v. McFadden, Weiss & KyleCourt of Appeals of Texas · 1903
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