Clifton v. Brundage
Texas Supreme Court
Appeal from Titus. Tried below before the Honorable W. S. Todd. This was a suit brought by the appellee against Gr. B. Clifton and another, on a promissory note made by the defendants on the 17th day of April, 1857, payable to the plaintiff on the 1st day of January, 1858, for the sum of twelve hundred and thirty-nine dollars and eighty-three cents.
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Appeal from Titus. Tried below before the Honorable W. S. Todd. This was a suit brought by the appellee against Gr. B. Clifton and another, on a promissory note made by the defendants on the 17th day of April, 1857, payable to the plaintiff on the 1st day of January, 1858, for the sum of twelve hundred and thirty-nine dollars and eighty-three cents. The pleadings of both parties showed that the consideration for which the note, was given, was a tract of land of three "hundred and twenty acres of land conveyed by deed by the plaintiff to the defendant Clifton; a copy whereof was made an…
1Opinion of the CourtRoberts, J.
The plea of failure of consideration is clearly *333liable to the exceptions taken to it for uncertainty and insufficiency. It does not properly connect the facts which seem to have been attempted to be set up, nor do they constitute good grounds for the relief sought. It fails to show what the defect of title is ; what is said in the endeavor to do so is incoherent and unintelligible. The contract of sale was executed by the delivery of a deed, and if there was any defect of title, it is not alleged that the defendant was ignorant of it. Other reasons might be given, if necessary, for holding…
2Cited by1 opinion
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