Hall v. Layton
Texas Supreme Court
Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Suit March 20th, 1848, for land on which it was alleged that defendant had located plaintiff’s scrip. In 1838, Layton & Co. placed five pieces of land scrip, for 640 acres each, in the hands of Hall for location ; Hall to pay all expenses of making the location and procuring the titles, and to have one fourth of the land for Ms services.
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Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Suit March 20th, 1848, for land on which it was alleged that defendant had located plaintiff’s scrip. In 1838, Layton & Co. placed five pieces of land scrip, for 640 acres each, in the hands of Hall for location ; Hall to pay all expenses of making the location and procuring the titles, and to have one fourth of the land for Ms services. At that time, Bryan & Hall were in partnership in the land business, and had in their hands (including the five pieces belonging to the Laytons) scrip for over 21,000 acres, in part belonging to…
1Opinion of the CourtLipscomb, J.
The first question we propose discussing in this case is, whether the settlement between Hall and Buxton Layton, and the receipt of Hall surrendered to him by the said Layton, were procured through the fraudulent representations of Hall ?
2ndly. Assuming the hypothesis, that it was procured by fraud, is there any error in the decision of the Court below in this case?
When this case was before us at a former Term, (10 Tex. R. 55,) we reversed it, on the ground that evidence offered by the defendant in the Court below had been improperly ruled out, and that the question of the fraud of Hall had…
2Cases cited2 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Malin v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by14 opinions
- Cropper v. Caterpillar Tractor Co.Texas Supreme Court · 1988
- Troll v. CarterWest Virginia Supreme Court · 1879
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Daytona Group of Texas, Inc. v. Smith, Texas Court of Appeals, 13th District1990
- Rich v. FergusonTexas Supreme Court · 1876
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