Clegg v. Varnell
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Petition filed July 25th, 1854, as follows : Tour petitioners, Thomas Haynes, Edward Clegg, and Mariah J. Clegg, his wife, all citizens of said county of Calhoun, would most respectfully represent, that in November, 1846, your petitioner, Edward Clegg, purchased of Henry Kitchen, now deceased, lots Nos. one, two, eleven and twelve in block No. six in the town of Port Lavaca, in the said county of Calhoun, and…
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Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Petition filed July 25th, 1854, as follows : Tour petitioners, Thomas Haynes, Edward Clegg, and Mariah J. Clegg, his wife, all citizens of said county of Calhoun, would most respectfully represent, that in November, 1846, your petitioner, Edward Clegg, purchased of Henry Kitchen, now deceased, lots Nos. one, two, eleven and twelve in block No. six in the town of Port Lavaca, in the said county of Calhoun, and received from him, bond for title upon payment of the purchase money ; that after the death of the said Kitchen, his…
1Opinion of the Court
Hemphill, Ch. J.
The errors assigned are :
1st. In sustaining defendants’ exceptions to the plaintiffs’ amended petition.
2d. In sustaining the exceptions to the petition.
3d. In dismissing the petition and rendering judgment against the plaintiff Edward Clegg and his sureties. •
4th. In overruling the motion for a new trial.
The judgments of Varnell and Feeny were against Edward Clegg, one of the plaintiffs, individually, and the petition was amended by striking out all those allegations which impeached the validity and correctness of the judgment, and prayed that the defendants might, be enjoined…
2Cited by59 opinions
- Middlebrook & Brother v. David Bradley Manufacturing Co.Texas Supreme Court · 1894
- H. F. & E. D. Craddock v. GoodwinTexas Supreme Court · 1881
- National Bank v. Texas Investment Co.Texas Supreme Court · 1889
- Galveston, Harrisburg & San Antonio Railway Co. v. DoweTexas Supreme Court · 1888
- Moody v. SmootTexas Supreme Court · 1890
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