Woodward v. Rodgers
Texas Supreme Court
Appeal from Leon. Tried below before the Hon. John Gregg. Suit by appellee against appellant on a promissory note for $347, dated April 3d, 1855. Plea of nil debet, and special plea as follows:— That on the 27th day of August, A. D. 1854, he purchased of said plaintiff one undivided fourth interest in nine hundred and sixty acres of land, on the Trinity river in Leon county, the same being a portion of Eli Chambers’ headright survey, and known as the town tract formerly…
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Appeal from Leon. Tried below before the Hon. John Gregg. Suit by appellee against appellant on a promissory note for $347, dated April 3d, 1855. Plea of nil debet, and special plea as follows:— That on the 27th day of August, A. D. 1854, he purchased of said plaintiff one undivided fourth interest in nine hundred and sixty acres of land, on the Trinity river in Leon county, the same being a portion of Eli Chambers’ headright survey, and known as the town tract formerly called Rodgers, now called Cairo, and embracing one-fourth interest in said town of Cairo, to which said land he took a…
1Opinion of the Court
Hemphill, Ch. J.
We are of opinion that the exception to the special plea in defence was properly sustained.
The defendant alleged that he had been ousted and ejected from four of the lots purchased; but what four, out of the tract of nine hundred and sixty acres, is not averred or specified. He alleges that since his purchase he had discovered that the plaintiff had sold these lots; but he does not state to whom they were sold; whether the titles of the purchasers were on record at the time of his purchase. He charged that he had been ousted and ejected. His defence amounts to this, that there…
2Cited by4 opinions
- Rancho Bonito Land & Live Stock Co. v. NorthTexas Supreme Court · 1898
- Haralson v. LangfordTexas Supreme Court · 1886
- Texas Land Co. v. TurmanTexas Supreme Court · 1880
- Blewitt v. GreeneCourt of Appeals of Texas · 1909