Estell v. Cole
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. X. B. Saunders. Suit was brought by J. B. D. Cole against Estell to try title to the southeast quarter of the Gholson league of land in Mc-Lennan county. The defendant pleaded, first, general demurrer; second, general denial; third, not guilty.
Read the full summary
Appeal from McLennan. Tried below before the Hon. X. B. Saunders. Suit was brought by J. B. D. Cole against Estell to try title to the southeast quarter of the Gholson league of land in Mc-Lennan county. The defendant pleaded, first, general demurrer; second, general denial; third, not guilty. Subsequently, by amendment, he made John Chism, his vendor and warrantor, a party, and also G. J. and J. P. Martinez del Bio, claimants of an eleven-league grant covering the land involved, and prayed that the Bios and his warrantor be compelled to join issue as to title. Citations were issued, served,…
1Opinion of the Court
Gould, Associate Justice.
It appeared by the averments, of the amended answer that the contract was executory on the part of the vendor, but that the vendee had paid to a third party a part of the consideration, and had made large and valuable improvements; and that the contract contained no express stipulations for its forfeiture, and the forfeiture of the payment and improvements made, on the failure of the vendee to pay the purchase-money notes. The matters stated in this answer show' such excuse for the failure of vendee to pay, and such misrepresentation and default on the part of the…
2Cases cited6 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Simpson v. HawkinsCourt of Appeals of Kentucky · 1833
- Sharp v. BakerTexas Supreme Court · 1858
- George v. WatsonTexas Supreme Court · 1857
- Harris v. SmithCourt of Appeals of Kentucky · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Culbertson v. BlanchardTexas Supreme Court · 1891
- Estell v. ColeTexas Supreme Court · 1884
- Blackstone Hall Co. v. Rhode Island Hospital Trust Co.Supreme Court of Rhode Island · 1916
- Harris v. CatlinTexas Supreme Court · 1880
- Good v. StansberryCourt of Appeals of Texas · 1922
1 more not listed; retrieve them via the Exa API.