Walker v. Cole
Texas Supreme Court
Error to Court of Civil Appeals for Third District in an appeal from McLennan County. This suit was brought by Cole to recover the land in question, and he based his right of recovery on two grounds: 1. On the equitable ground that he had the right to rescind the contract of purchase without defendant’s consent, and recover possession of the land, the contract of sale being executory and wholly on credit, because there had been default in the payment of the purchase money,…
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Error to Court of Civil Appeals for Third District in an appeal from McLennan County. This suit was brought by Cole to recover the land in question, and he based his right of recovery on two grounds: 1. On the equitable ground that he had the right to rescind the contract of purchase without defendant’s consent, and recover possession of the land, the contract of sale being executory and wholly on credit, because there had been default in the payment of the purchase money, which was long since past due; that defendant was insolvent and was, for that reason, unable to pay for the land, and, in…
1Opinion of the Court
DENMAN, Associate Justice.
January 15, 1867, John Chism executed to Jesse Estell a bond for title obligating the former to convey to the latter the land in controversy upon the payment of three notes of even date Avith the bond, due in one, two and three -years after date, executed by the latter to the former as the consideration therefor. Estell having made no payment on the notes, Chism, after the maturity of all of them, conveyed the land on August 14,1871, by AArarranty deed to J. D. B. Cole, and at the same time delivered to Cole said notes, and thereupon Cole demanded possession of the…
2Cases cited1 opinion
- Estell v. ColeTexas Supreme Court · 1884
3Cited by18 opinions
- Lowrance v. WoodsCourt of Appeals of Texas · 1909
- Houston & Texas Central Railroad v. Ennis-Calvert Compress Co.Court of Appeals of Texas · 1900
- Blewett v. Richardson Independent School Dist.Court of Appeals of Texas · 1921
- Sovereign Camp, W. O. W. v. JacksonCourt of Appeals of Texas · 1924
- Daniel v. De OrtizCourt of Appeals of Texas · 1911
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