McClelland v. Moore
Texas Supreme Court
Appeal from Shelby. Tried below before the Hon. A. J. Booty. September 15, 1866, S. K. McClelland, as administrator of the estate of Zachariah Hinton, sued John L. Moore for one thousand dollars, balance unpaid of the purchase-money for 913 acres of land sold defendant by plaintiff’s intestate.
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Appeal from Shelby. Tried below before the Hon. A. J. Booty. September 15, 1866, S. K. McClelland, as administrator of the estate of Zachariah Hinton, sued John L. Moore for one thousand dollars, balance unpaid of the purchase-money for 913 acres of land sold defendant by plaintiff’s intestate. March 12, 1867, defendant pleaded in reconvention a breach of the warranty of title in the deed made by Hinton to defendant, in that, at the time of the sale, 208 acres of the tract sold was vacant land, and that to secure it defendant had located and procured a patent for it, the value of which was…
1Opinion of the Court
Moore, Associate Justice.
The judgment in this case of the 7th of July, 1874, was unquestionably erroneous. Both plaintiff" and defendant were dead when the judgment was rendered. The death of the defendant had been suggested, and the court had granted leave to his executor to enter himself as a party. But this order had not been carried into the minutes of the court. The error of the judgment, for want of a party defendant against whom judgment could be rendered, was owing to a mere defect in the record. It might) unquestionably, have been obviated by the correction of the *361record by the notes…
2Cases cited1 opinion
- Milam County v. RobertsonTexas Supreme Court · 1877
3Cited by28 opinions
- McMahon v. ChristmannTexas Supreme Court · 1957
- City of Beaumont v. MooreTexas Supreme Court · 1947
- Gibson v. TurnerTexas Supreme Court · 1956
- Jones v. ParkerTexas Supreme Court · 1886
- State of West Virginia v. Orville M. HuttonWest Virginia Supreme Court · 2015
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