Kesler v. Zimmerschitte
Texas Supreme Court
Appeal from Colorado County. This was a suit brought by Zimmerschitte, the plaintiff in the court below, to procure the cancellation of a certain title bond given by him to Kesler, the defendant.
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Appeal from Colorado County. This was a suit brought by Zimmerschitte, the plaintiff in the court below, to procure the cancellation of a certain title bond given by him to Kesler, the defendant. It appears that some time in the year 1838 or ’39, the plaintiff made a contract with one Welshmyr, by which the latter agreed to procure for the former a patent for his headlight, for which service the plaintiff promised to give Welshmyr five hundred acres of said land, and executed to him a bond to make title therefor, as soon as the patent was obtained. Welshmyr subsequently sold to the defendant…
1Opinion of the CourtLipscomb, J.
This suit was commenced by the appellee against the appellant to set aside a bond given by him, to mate titles to two hundred and fifty acres of land. The bond was given under the following circumstances, as collected from the plaintiff’s petition in the court below. The plaintiff alleges that he had employed one Welsh-myr to attend to procuring a patent for him for his headright; that he had promised and agreed with said Welshmyr, in consideration of such service to be performed, to give him five hundred acres of land, being a part of the said headright league, so soon as the patent should…
2Cases cited1 opinion
- Root v. FrenchNew York Supreme Court · 1835
3Cited by6 opinions
- Ronge v. DawsonWisconsin Supreme Court · 1859
- Coleman v. First National BankTexas Supreme Court · 1901
- Arnold D. Kamen & Co. v. YoungCourt of Appeals of Texas · 1971
- Monarch Marking System Co. v. Reed's Photo Mart, Inc.Texas Supreme Court · 1972
- Upham v. HamillSupreme Court of Rhode Island · 1877
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