Graham v. Stephen
Texas Supreme Court
Appeal from Milam. Suit by James Stephen against John Graham, April 20th, 1848, for the specific performance of Graham’s bond to Stephen, dated January 2nd, 1841, for the conveyance of one-half of Graham’s headright league, “ so soon as “ the said James Stephen makes or causes to be made unto me “ a title to a tract of land conveyed to me by a bond, bearing “even date herewith; and warrants and defends the same “ from the claim or claims of all the world.”
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Appeal from Milam. Suit by James Stephen against John Graham, April 20th, 1848, for the specific performance of Graham’s bond to Stephen, dated January 2nd, 1841, for the conveyance of one-half of Graham’s headright league, “ so soon as “ the said James Stephen makes or causes to be made unto me “ a title to a tract of land conveyed to me by a bond, bearing “even date herewith; and warrants and defends the same “ from the claim or claims of all the world.” The bond from ' Graham to Stephen stipulated that the league should be divided fronting on the river (the Brazos) viz: running from the ■…
1Opinion of the CourtWheeler, J.
The questions presented by the record, which are deemed to require notice, are, 1st. Whether there was error in the refusal of the Court to strike out the part of the plaintiff’s replication and answer to the defendant’s amended answer and interrogatories, indicated in the motion of the defendant ; 2nd. Whether, upon the facts of the case, the plaintiff was entitled to the relief sought.
The defendant, in his amended answer, had set up new matters of defence ; and, in support of them, made reference to a letter, alleged to have been written by the defendant, stated a part of its contents, made…
2Cited by4 opinions
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- Foster v. SpearTexas Supreme Court · 1858
- Pecos & Northern Texas Ry. Co. v. GrayCourt of Appeals of Texas · 1912
- Herbert v. ButterworthTexas Supreme Court · 1859