Coombs v. Lane
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. John H. Reagan. The evidence- as to the fraud was “ that defendant Coombs “ sold the land described in the bond (the Adm’r gave a bond “ for title, in his representative capacity, to be made as soon “ as a patent could be obtained,) at public auction, and repre- “ sented publicly to the bidders at said sale, through the auc- “ tioneer, that the land mentioned in the said bond was the land “ belonging to the estate of Elizabeth…
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Appeal from Dallas. Tried below before the Hon. John H. Reagan. The evidence- as to the fraud was “ that defendant Coombs “ sold the land described in the bond (the Adm’r gave a bond “ for title, in his representative capacity, to be made as soon “ as a patent could be obtained,) at public auction, and repre- “ sented publicly to the bidders at said sale, through the auc- “ tioneer, that the land mentioned in the said bond was the land “ belonging to the estate of Elizabeth Gray, located by virtue “ of her headright certificate, and it was bid off by the plaintiff, “ Stephen S. Lane.…
1Opinion of the CourtLipscomb, J.
This suit was brougli t by the defendants in error against the plaintiff in error. In the petition it is alleged that petitioner purchased at an administrator’s sale, from Coombs, adm’r of E. Gray, the plaintiff in error, a certain tract of land for four hundred dollars, for which they gave their note to the said Coombs, on which note they had been sued and judgment obtained against them for a balance due on the same in favor of said Coombs, administrator of Gray, and execution awarded ; that Coombs alleged and represented at the sale, with a fraudulent design, that the land he so sold by him…
2Cited by3 opinions
- Turney v. WilliamsTexas Supreme Court · 1876
- Altgelt v. MernitzCourt of Appeals of Texas · 1904
- Roehl v. PleasantsTexas Supreme Court · 1868