Clay v. Cook
Texas Supreme Court
Error from Jackson. This was an action of trespass to try title, commenced in the ordinary form"; afterwards the plaintiffs amended their petition, by alleging the particulars of their title, as follows : That the tract or parcel of land aforesaid, was granted by the Government of Coahuila and Texas, to a certain William Whitaker, as a colonist in the Colony of Austin, on or about the 18th day of May, 1831, and about the same time, the said Government of the State of…
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Error from Jackson. This was an action of trespass to try title, commenced in the ordinary form"; afterwards the plaintiffs amended their petition, by alleging the particulars of their title, as follows : That the tract or parcel of land aforesaid, was granted by the Government of Coahuila and Texas, to a certain William Whitaker, as a colonist in the Colony of Austin, on or about the 18th day of May, 1831, and about the same time, the said Government of the State of Coahuila and Texas granted to a certain William Pitts Givens another league of land in said colony, on both of which Nestor…
1Opinion of the Court
Hemphill, Ch. J.
The petition, with its amendments, was in effect a suit for specific performance of a contract by William Whitaker for the sale of land granted to him as a colonist, by the State of Coahuila and Texas, covenanting to convey the land as soon as the restriction on its alienation should be removed. The defendants' demurrer to the petition was sustained, and this has been assigned as error. The contract in this case does not differ materially from that presented in the heirs of Hunt v. The Heirs of Robinson, 1 Texas, 748, and other contracts which have since been adjudicated on…
2Cases cited2 opinions
- Heirs of Hunt v. Heirs of RobinsonTexas Supreme Court · 1846
- Desmuke v. GriffinTexas Supreme Court · 1853
3Cited by2 opinions
- Ledyard v. BrownTexas Supreme Court · 1864
- Thomas v. MooreTexas Supreme Court · 1877