Dawson v. William D. Miller's Adm'r
Texas Supreme Court
Appeal from Robertson. Tried below before the Hon. Henry J. Jewett. Suit commenced August 5th, 1854, by Dread Dawson, administrator of Elizabeth Sessom, against William D. Miller, for that plaintiff, as administrator as aforesaid, on the first day of November, 1853, by order of the County Court, had sold at public auction, on a credit of twelve months, a certain tract of land, of which defendant and one S. A. Johnson became the purchasers, at the price of |1118, but had…
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Appeal from Robertson. Tried below before the Hon. Henry J. Jewett. Suit commenced August 5th, 1854, by Dread Dawson, administrator of Elizabeth Sessom, against William D. Miller, for that plaintiff, as administrator as aforesaid, on the first day of November, 1853, by order of the County Court, had sold at public auction, on a credit of twelve months, a certain tract of land, of which defendant and one S. A. Johnson became the purchasers, at the price of |1118, but had failed to comply with the conditions of the sale although plaintiff had tendered them a deed, which was filed. Affidavit for…
1Opinion of the CourtWheeler, J.
It is not perceived on what ground the Court quashed the attachment. None is suggested in argument, and the causes assigned in the motion to quash appear not to have been well taken. The judgment in that regard must therefore be deemed erroneous.
In support of the judgment dismissing the petition two grounds are suggested; 1st. That the statute gives another remedy; 2d. That the contract was void under the statute of frauds.
In respect to the first ground it will suffice to say, that we regard the remedy given by the statute (Hart. Dig. Art. 1175) as merely cumulative, and not as intended to…
2Cited by8 opinions
- Huffman v. CartwrightTexas Supreme Court · 1875
- Graham v. KesselerCourt of Appeals of Texas · 1916
- Kirkman v. Amarillo Savings Ass'n of AmarilloCourt of Appeals of Texas · 1972
- Coffman v. BrannenCourt of Appeals of Texas · 1932
- Maddox v. Cosper, Texas Court of Appeals, 10th District (Waco)2000
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