Smith v. Miller
Texas Supreme Court
Appeal from Fannin. Tried below before the Hon. D. H. Scott. On December 21, 1871, appellee, Elizabeth Muller, and husband, William Miller, brought this suit against William O. Whitsett, E. H. Smith and J. L. Smith, in the district court of Fannin county, alleging that in February, 1865, William Miller purchased from one James M. Collins a tract of about six hundred acrcres land out of the William Wammock survey, lying in Fannin county; that the contract of purchase was…
Read the full summary
Appeal from Fannin. Tried below before the Hon. D. H. Scott. On December 21, 1871, appellee, Elizabeth Muller, and husband, William Miller, brought this suit against William O. Whitsett, E. H. Smith and J. L. Smith, in the district court of Fannin county, alleging that in February, 1865, William Miller purchased from one James M. Collins a tract of about six hundred acrcres land out of the William Wammock survey, lying in Fannin county; that the contract of purchase was verbal; that Miller agreed to pay Collins $1,500 for the land; that prior to this, he (Miller) was in the employment of…
1Opinion of the Court
Stayton, Associate Justice.
This cause has been on two former occasions before tMs court, and the law applicable to the case, so far as passed upon, upon former appeals, has been settled. The first charge complained of. was not erroneous, and simply informed the jury that the plaintiffs were entitled to recover, if they found the facts alleged in their petition to be true, unless that'right was defeated by facts set up in defendants’ answer as an estoppel, or by the fact that the defendants were innocent purchasers of the land. This had been declared to be the law of the case by the commission…
2Cited by10 opinions
- Schwartz v. JeffersonTexas Supreme Court · 1975
- Various Opportunities, Inc. v. Sullivan Investments, Inc., Texas Court of Appeals, 5th District (Dallas)1984
- Ex Parte MyrickCourt of Appeals of Texas · 1971
- Danciger v. StateTexas Supreme Court · 1942
- Huggins v. CareyCourt of Appeals of Texas · 1912
5 more not listed; retrieve them via the Exa API.