Daughtrey v. Knolle
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. Livingston Lindsay. Knolle brought suit against James Daughtrey for $162, the amount of an alleged deficiency of 27 acres of land, at six dollars per acre, in a tract sold and represented to contain 498 acres, but which, on actual measurement, contained only 471 acres.
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Appeal from Austin. Tried below before the Hon. Livingston Lindsay. Knolle brought suit against James Daughtrey for $162, the amount of an alleged deficiency of 27 acres of land, at six dollars per acre, in a tract sold and represented to contain 498 acres, but which, on actual measurement, contained only 471 acres. The deed, the covenants in which are relied upon, is as follows: The State of Texas, ) Austin County. > Know all men by these presents, that I, James Daughtrey, of the county and State above written, in consideration of the sum of twenty-nine hundred and eighty-eight dollars,…
1Opinion of the Court
Moore, Associate Justice.
The judgment in this case is based upon the supposition that appellant is personally liable on the general covenant of warranty of title in the deed to appellee, attached as an exhibit to his petition for deficiency of the tract of land therein described. That the record does not support or warrant such a conclusion we think quite obvious.
If we were controlled alone by common-law rules of construction and interpretation, the instrument referred to in appellee’s petition, and upon which he relies, might, and probably would, if binding upon any one, be treated as the…
2Cases cited5 opinions
- Smith v. FlyTexas Supreme Court · 1859
- O'Connell v. DukeTexas Supreme Court · 1867
- Rogers v. BrackenTexas Supreme Court · 1855
- Giddens v. Byers' HeirsTexas Supreme Court · 1854
- Rogers v. Frost's Adm'rTexas Supreme Court · 1855
3Cited by33 opinions
- Looscan v. County of HarrisTexas Supreme Court · 1883
- Faulk v. DashiellTexas Supreme Court · 1884
- Olvey v. JonesTexas Supreme Court · 1941
- Moore v. HazelwoodTexas Supreme Court · 1887
- Findlay v. StateCourt of Appeals of Texas · 1921
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