Bedwell v. Thompson
Texas Supreme Court
Error from McLennan.—The case was tried before Hon. H. W. Battle, one of the district judges. Bedwell sued Thompson, alleging that he purchased of Thompson six hundred and forty acres of land for $6,000, for which he paid $1,250 cash, and gave his notes for the balance in installments, to “B. J. Thompson or bearer;” that Thompson gave his warranty deed; and that there was an understanding that the cash payment of $1,250 was in consideration of the improvements.
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Error from McLennan.—The case was tried before Hon. H. W. Battle, one of the district judges. Bedwell sued Thompson, alleging that he purchased of Thompson six hundred and forty acres of land for $6,000, for which he paid $1,250 cash, and gave his notes for the balance in installments, to “B. J. Thompson or bearer;” that Thompson gave his warranty deed; and that there was an understanding that the cash payment of $1,250 was in consideration of the improvements. The purchaser was to take immediate possession. Thompson was to have the survey made to include one hundred acres of cleared land;…
1Opinion of the CourtWheeler, C. J.
—There is no foundation laid in the *251defendant’s answer, either by averment, or admission of the plaintiff’s allegations, to authorize the rendition of judgment in his favor. He does not admit, but denies the plaintiff’s allegations, and does not allege any matter to entitle him to a recovery. Moreover, the cause of. action, if any, does not appear to have matured at the date of the rendition of judgment.
This was not a case in which the collection of money had been enjoined, within the meaning of the statute, (0. & W., Art. 1020;) and if judgment could have been legally rendered against the…
2Cited by4 opinions
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