Catlin v. Glover
Texas Supreme Court
Appeal from Austin. The appellant brought suit against the appellee for the recovery of a sum of money. The petition alleges that the defendant is indebted to the plaintiff in the sum of $272.70, and states the cause of action as follows, viz: “That on the 1st day of March, A. D. 1844, one William E. Crump, being in debt to the said Glover in the sum of four thousand live hundred and twenty and 90-100 dollars, executed and delivered a deed of trust on certain property…
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Appeal from Austin. The appellant brought suit against the appellee for the recovery of a sum of money. The petition alleges that the defendant is indebted to the plaintiff in the sum of $272.70, and states the cause of action as follows, viz: “That on the 1st day of March, A. D. 1844, one William E. Crump, being in debt to the said Glover in the sum of four thousand live hundred and twenty and 90-100 dollars, executed and delivered a deed of trust on certain property therein mentioned, to secure the paj-ment thereof, in which deed said petitioner was trustee, with the power and authority and…
1Opinion of the CourtWheeler, J.
The question presented by the record is as to the legal sufficiency of tiie petition.
It is true, as insisted for the appellant, that for the purpose of considering the exceptions to the petition, it is to be taken, as to every fact well pleaded, to be true; but it is only the fact's well pleaded which are admitted by the exception. Are there, then, in this petition facts pleaded which disclose a contract or promise on tiie part of tiie defendant, either express or implied, to pay to the plaintiff tiie money claimed ?
There is no averment of an express promise; and it is. evident that the mere…
2Cited by2 opinions
- Zavala Land & Water Co. v. TolbertCourt of Appeals of Texas · 1916
- Altgelt v. MernitzCourt of Appeals of Texas · 1904