Jones v. Carver
Texas Supreme Court
Error from Dallas. Tried below before the Eton. George FT. Aldredge. The instrument on which this suit for specific performance was based was a bond executed by Abraham Carver, February 23,1856, for $300, payable to James FT.
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Error from Dallas. Tried below before the Eton. George FT. Aldredge. The instrument on which this suit for specific performance was based was a bond executed by Abraham Carver, February 23,1856, for $300, payable to James FT. Smith, and conditioned as follows: “ The condition of the above obligation is such, that whereas the said Catver has sold unto said Smith a piece of land, supposed to be forty acres, for $160, $150 of which is paid, the balance, at $4 per acre, to be paid when a deed is made; when a good and sufficient deed is made, this obligation shall be void, otherwise remain in full…
1Opinion of the Court
Stayton, Associate Justice.—
This cause was decided in the court below against plaintiffs in error upon two grounds:
1st. Because the bond upon which the action is based does not sufficiently describe the land sought to be recovered to authorize a decree for specific performance.
2d. Because of the insufficienc3 of the proof tó establish that the omission of any reasonably certain description of the land was the result of accident or mistake.
" The only part of the instrument sued upon bearing upon the description of the land is “a piece of land supposed to be forty acres.” It is not stated out…
2Cases cited4 opinions
- Patton v. RuckerTexas Supreme Court · 1867
- Ellis v. Deadman's heirsCourt of Appeals of Kentucky · 1816
- Fisher v. KuhnMississippi Supreme Court · 1877
- Neatherly v. RipleyTexas Supreme Court · 1858
3Cited by50 opinions
- Wilson v. FisherTexas Supreme Court · 1945
- Osborne v. MooreTexas Supreme Court · 1923
- Republic National Bank of Dallas v. StetsonTexas Supreme Court · 1965
- Buratti & Montandon v. TennantTexas Supreme Court · 1949
- Hereford v. TilsonTexas Supreme Court · 1947
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