Bullion v. Campbell
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. W. S. Todd. The appellees as partners under the style of Campbell & Strong brought this suit against M. D. Bullion and C. D. Conally upon a written obligation executed to James A. Hendricks, by one B. M. Hampton, as principal, and the defendants as his sureties, dated July 6th, 1855. The obligation was in the form of a bond with a penalty in the sum of $5000, and recited that Hampton had bargained and sold to Hendricks twelve…
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Appeal from Hopkins. Tried below before the Hon. W. S. Todd. The appellees as partners under the style of Campbell & Strong brought this suit against M. D. Bullion and C. D. Conally upon a written obligation executed to James A. Hendricks, by one B. M. Hampton, as principal, and the defendants as his sureties, dated July 6th, 1855. The obligation was in the form of a bond with a penalty in the sum of $5000, and recited that Hampton had bargained and sold to Hendricks twelve hundred and seventy-three dollars worth of land, to be selected by Hendricks out of certain designated tracts, at the…
1Opinion of the CourtMoore, J.
The judgment in this case must be affirmed. The object of the suit was for the recovery of the land to which the plaintiffs in the court below claimed they were entitled by the contract set out in their petition; and if this could not be had, then they asked a judgment for the damages sustained by them for the breach of said contract. It has frequently been held by this court, that the statute requiring the presentation of claims against the estates of deceased persons to the administrator before suits can be brought upon them, is not applicable to a contract to convey land, or for the…
2Cases cited1 opinion
- Robinson v. McDonald's WidowTexas Supreme Court · 1854
3Cited by14 opinions
- Moss & Raley v. WrenTexas Supreme Court · 1909
- G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
- Cox v. BrayTexas Supreme Court · 1866
- Priddy v. GreenCourt of Appeals of Texas · 1920
- Heath v. HuffhinesCourt of Appeals of Texas · 1912
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