Wood v. Loughmiller
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. J. G-. Eblen. This was a suit on a note given for the purchase-money for one-half of a survey in the name of Thomas Beady, made upon a vacant league in the block of league surveys known as. “ King’s block,” mentioned in Jones v. Burget, 46 Tex., 284. The tier of surveys in the block in which the Beady location was made, was short 507 varas east and west.
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Appeal from Kaufman. Tried below before the Hon. J. G-. Eblen. This was a suit on a note given for the purchase-money for one-half of a survey in the name of Thomas Beady, made upon a vacant league in the block of league surveys known as. “ King’s block,” mentioned in Jones v. Burget, 46 Tex., 284. The tier of surveys in the block in which the Beady location was made, was short 507 varas east and west. The Beady survey called for the northwest corner of the lapsed location, as shown in the surveys of King’s block; called for the entire length of north line; thence southwest, &c., following…
1Opinion of the Court
Gould, Associate Justice.
The appellant resisted the payment of the obligation sued upon, on the ground that there was a deficiency in the quantity of the land in payment for which it was given. To establish this deficiency, it was not enough for him to show that the southern and western lines of the Beady survey were to be located as claimed by him, unless the eastern corner and southeastern line were also located as he claimed, viz., 507 varas short of the distance called for in the field-notes. There is no evidence in the record that justifies this location of the eastern corner, unless it…
2Cases cited2 opinions
- Cannon v. McDanielTexas Supreme Court · 1876
- Chapman v. LacourTexas Supreme Court · 1860
3Cited by2 opinions
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