Castleman v. Sherry
Texas Supreme Court
Appeal from ¡Red River. Tried below before the Hon. A. II. Latimer. David F. Castleman, for use of Francis G. Goodman, December 5th, 1865, sued Barney Sherry for specific performance of a parol contract for the sale of a tract of land in Red River county. The pleadings and evidence showed that in ¡November, 1864, Goodman delivered to Sherry a negro woman, for which Sherry was to convey to Goodman the tract of land, and was to deliver some cattle and hogs.
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Appeal from ¡Red River. Tried below before the Hon. A. II. Latimer. David F. Castleman, for use of Francis G. Goodman, December 5th, 1865, sued Barney Sherry for specific performance of a parol contract for the sale of a tract of land in Red River county. The pleadings and evidence showed that in ¡November, 1864, Goodman delivered to Sherry a negro woman, for which Sherry was to convey to Goodman the tract of land, and was to deliver some cattle and hogs. At the time of the contract Sherry put Goodman in possession of the land and delivered the cattle and hogs. He received no bill of sale to…
1Opinion of the Court
Reeves, Associate Justice.
The evidence establishes the sale by appellee to appellant of the land in controversy. It was admitted by appellant in his evidence before the jury. The general denial put the plaintiff upon proof of the allegations of his petition, but it is apparent that the sale and purchase was not seriously contested, and the real grounds of defense are disclosed in the special answers. It is alleged in substance- that the plaintiff" never paid for the land, that the sale was verbal, and that defendant never made a written title to plaintiff for the slave. The title to the negro…
2Cases cited1 opinion
- McKinney v. FortTexas Supreme Court · 1853
3Cited by14 opinions
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
- Unruh v. State ex rel. BaumIndiana Supreme Court · 1886
- Ponce v. McWhorterTexas Supreme Court · 1879
- Keith v. StateIndiana Supreme Court · 1901
- Watts v. McCloudCourt of Appeals of Texas · 1918
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