Cross v. Everts
Texas Supreme Court
Appeal from Williamson. The case was tried before Hon. J. A. Houghton, one of the district judges. Suit by the appellant, Cross, against the appellees, H. H. Everts and Catharine his wife.
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Appeal from Williamson. The case was tried before Hon. J. A. Houghton, one of the district judges. Suit by the appellant, Cross, against the appellees, H. H. Everts and Catharine his wife. The original petition was filed on the 3d of February, 1866. It set forth that, about the 18th of July, 1865, the plaintiff and defendants made a mutual exchange of lands, or an agreement for the exchange of lands, plaintiff agreeing and contracting to transfer to defendants, by way of exchange, a certain described tract in Burleson county, containing two hundred and seven acres; and the defendants, in…
1Opinion of the CourtCoke, J.
—The ruling of the court below sustaining the demurrer to the petition is assigned as error.
For the purpose of considering the propriety of this ruling, the facts properly set out and plead in this petition are to be taken as true. The petition alleges “ an agreement or contract for the mutual exchange of lands,” entered into between the plaintiff and defendants, the details of which are alleged. It is not alleged whether this contract or agreement is in writing or not.
It is well settled that the statute of frauds has made no alteration in the rules of pleadings, and that it is not necessary…
2Cases cited12 opinions
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3Cited by49 opinions
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