Brock v. Southwick
Texas Supreme Court
Error from Galveston. The defendant in error sued the plaintiff in error on -a note not negotiable for two hundred dollars, payable to one Ilasbrook, and by him assigned'to the plaintiff.
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Error from Galveston. The defendant in error sued the plaintiff in error on -a note not negotiable for two hundred dollars, payable to one Ilasbrook, and by him assigned'to the plaintiff. The ih-í '¡i>1 int resisted the payment on the ground that the note, was given .lor the pur 'h.ue-mouey oí a lot iu the city oí Galveston, purchased by tile defendant o£ J lusbrook, who contracted to procure through Swctt, and to make .to the defendant a good and sufficient warranty title, Init who had failed to do so, Ilashrook having no title, and Swett a title to an undivided moiety only of the lot. The…
1Opinion of the CourtWheeleb, J.
The proof shows a contract of purchase, and a conveyance subsequently executed with warranty of title and possession. The defendant accepted the conveyance with a knowledge of the defect of title. He was put upon inquiry, and was informed that the title was defective. He nevertheless made the purchase and accepted the conveyance without, objection; relying, doubtless, upon his chances to perfect the title, or upon the security afforded by the covenants in his deeds of conveyance. It is fair to conclude that he considered his purchase worth, or that he was willing to give, the stipulated…
2Cited by20 opinions
- Gibson v. TurnerTexas Supreme Court · 1956
- Lemmon v. HanleyTexas Supreme Court · 1866
- Haralson v. LangfordTexas Supreme Court · 1886
- Tooke v. BondsTexas Supreme Court · 1867
- Fagan v. McWhirterTexas Supreme Court · 1888
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