Austin v. Ewell
Texas Supreme Court
Appeal from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. Austin sued Ewell for specific performance of a title bond to convey land, and made Robert C. Edmondson, a subsequent purchaser of the legal title, a party.
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Appeal from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. Austin sued Ewell for specific performance of a title bond to convey land, and made Robert C. Edmondson, a subsequent purchaser of the legal title, a party. The bond hears the date of the 13th December, 1852, is in the penal sum of §4,000, conditioned for the conveyance of the tract of land therein described, and concludes: “How, if the said George E. Austin and Joseph Weatherby shall well and truly pay, or cause to be paid, unto the said J. B. Ewell, two certain promissory notes, bearing even date…
1Opinion of the CourtBell, J.
—We are of opinion that there is error in the judgment, for which it must be reversed. The evidence shows that, at the time of the contract for the sale of the land by Ewell to Austin and Weatherby all the contracting parties supposed that the house in which Ewell lived was on the land sold to Austin and Weatherby. The evidence also shows that Austin and Weatherby refused to pay the second note given by them for the land, unless a deduction was made from the note equal to the value of the house, which, it had been ascertained, was not on the land sold to them. This deduction Ewell refused to…
2Cited by7 opinions
- Thomas v. HammondTexas Supreme Court · 1877
- Grossman v. LiedekerCourt of Appeals of Texas · 1947
- Reeves v. BassTexas Supreme Court · 1873
- Jones v. EnglishCourt of Appeals of Texas · 1954
- Kallison v. PolandCourt of Appeals of Texas · 1914
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