Legal Opinion

Heirs of Roberts v. Lovejoy

Texas Supreme Court

Decided October 30, 1883No. Case No. 1374PublishedCited by 21 opinions

Appeal from Collin. Tried below before the Hon. R. R. Gaines. March 24, 1857, Lovejoy sued William Davis for a specific enforcement of a bond for title, made by Davis to Edward Roberts, and dated March 21, 1849, which obligated Davis to make title to sixty acres of land therein described as soon as a patent issued to Davis. Lovejoy claimed to have purchased all Roberts’ interest in the land, soon after its date, and that the patent had issued to Davis.

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Appeal from Collin. Tried below before the Hon. R. R. Gaines. March 24, 1857, Lovejoy sued William Davis for a specific enforcement of a bond for title, made by Davis to Edward Roberts, and dated March 21, 1849, which obligated Davis to make title to sixty acres of land therein described as soon as a patent issued to Davis. Lovejoy claimed to have purchased all Roberts’ interest in the land, soon after its date, and that the patent had issued to Davis. Davis answered, admitting the execution of the bond, and, among other things, that other bonds were outstanding and not canceled. That he was…

1Opinion of the Court

Watts, J. Com. App.

This cause has been pending for nearly twenty-seven years, and this is the fourth time that it has been before the supreme court. In the consideration of the questions involved, to a certain extent, the court is embarrassed by the former and seemingly conflicting decisions of the court on the former appeals. How far the record now before the court may differ from that before it when these former decisions were made, we have no means of ascertaining, except 'from the statement given by the reporter. Beset with these difficulties, it is the duty of the court to pass upon and…

2Cited by21 opinions

  1. Langley v. NorrisTexas Supreme Court · 1943
  2. Hill v. PrestonTexas Supreme Court · 1931
  3. English v. JonesTexas Supreme Court · 1955
  4. Walls v. CruseTexas Commission of Appeals · 1921
  5. Hazzard v. MorrisonTexas Supreme Court · 1912

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