Potter v. Wheat
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. E. B. Turner. Samuel D. Wheat, as the administrator of Samuel Wheat, Sr., filed his suit in the district court of Bell county, August 20, 1873, against William Potter, alleging that Wheat, Sr., sold and conveyed to Potter a certain tract of land, on the 19th of September, 1864, the metes and bounds of which were set forth in the petition; that as the consideration, Potter executed an instrument in writing to Wheat, by which he…
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Appeal from Bell. Tried below before the Hon. E. B. Turner. Samuel D. Wheat, as the administrator of Samuel Wheat, Sr., filed his suit in the district court of Bell county, August 20, 1873, against William Potter, alleging that Wheat, Sr., sold and conveyed to Potter a certain tract of land, on the 19th of September, 1864, the metes and bounds of which were set forth in the petition; that as the consideration, Potter executed an instrument in writing to Wheat, by which he agreed with Wheat to sow all the land in cultivation on the tract in wheat, from year to year, and the wheat raised "on…
1Opinion of the Court
Gould, Associate Justice.
We are unable to see that the court was justified in charging the jury that defendant “had failed to show that he was evicted from any of the lands sold to him by Wheat,” and in effect withdrawing from the jury the question of deficit in the fifty-nine and a half acre tract.
The court seems to have regarded the testimony of the surveyor locating the fifty-nine and a half acre tract “according to the natural calls in the field notes, which are all to be found on the ground as called for,” as conclusively establishing the true location of that tract, notwithstanding that…
2Cases cited1 opinion
- Ragsdale v. RobinsonTexas Supreme Court · 1877
3Cited by20 opinions
- Lester v. HutsonCourt of Appeals of Texas · 1914
- American Exchange Nat. Bank of Dallas v. KeeleyCourt of Appeals of Texas · 1931
- Bolt v. State Savings Bank of ManchesterCourt of Appeals of Texas · 1912
- Dodson v. WatsonCourt of Appeals of Texas · 1920
- Marshall v. CampbellCourt of Appeals of Texas · 1919
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