Gregg v. English
Texas Supreme Court
Appeal from Fannin. Tried below before the Hon. W. H. Andrews. On the ninth of May, 1870, Milton Gregg filed his suit against W. C. English in trespass to try title to six hundred and forty acres, the headright of plaintiff.
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Appeal from Fannin. Tried below before the Hon. W. H. Andrews. On the ninth of May, 1870, Milton Gregg filed his suit against W. C. English in trespass to try title to six hundred and forty acres, the headright of plaintiff. The defendant plead purchase from the plaintiff of two tracts of land, parts of the tract sued for, one of one hundred and seventy-five acres (the consideration for which he alleged and proved had been received by the plaintiff), the other of three hundred and forty-seven acres, for which he held the title bond of the plaintiff of date of thirtieth of May, 1855. Defendant…
1Opinion of the CourtWalker, J.
We think the verdict and judgment in this case right upon every principle of law and equity.
Grregg was in no condition to avoid his contract with • English.
It does not appear that time was of the essence of the contract. Ho doubt he could have brought suit and recovered on the notes at their maturity, but the time fixed for making the deed was-indefinite.
The deed was to be made after the patent issued, but the precise time in which it was to be made does not appear to have been fixed by the parties.
Grregg should at least have tendered a deed before he could rescind the contract.
English having…
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