Parish v. White
Court of Appeals of Texas
This was a suit of trespass to try title, instituted by appellee against appellant, and to rescind a contract previously entered into between them for the sale, or the exchange, of certain lands owned by them respectively.
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This was a suit of trespass to try title, instituted by appellee against appellant, and to rescind a contract previously entered into between them for the sale, or the exchange, of certain lands owned by them respectively. Appellee’s petition alleged fraudulent representations made by appellant, to the effect that the lands traded and conveyed by him to appellee were free from encumbrance, whereas in fact there was a vendor’s lien on said lands, and the title thereto had completely failed by reason of said lien; wherefore he sought to recover back the lands he had conveyed to appellant. -That…
1Opinion of the Court
STEPHENS, Associate Justice.
The objections taken by appellant to the conclusions of law and fact upon which judgment went against him can not be sustained. They are therefore approved and adopted as our conclusions.
The ninth conclusion, though not objected to, in order to better conform to the statement of facts, should read: That immediately after the exchange of deeds, appellant made known to appellee the existence of the vendor’s lien on the land conveyed by the former to the latter, and promised him protection against it, upon the faith of which appellee took possession under his deed;…
2Cases cited3 opinions
- White v. G. W. StreetTexas Supreme Court · 1886
- McIntyre v. DeLongTexas Supreme Court · 1888
- Laird v. WintersTexas Supreme Court · 1864
3Cited by7 opinions
- Calvin v. NeelCourt of Appeals of Texas · 1916
- Smith v. PriceCourt of Appeals of Texas · 1921
- Dallas Joint Stock Land Bank of Dallas v. HarrisonCourt of Appeals of Texas · 1939
- Trico Oil Co. v. PeltonCourt of Appeals of Texas · 1938
- Liberto v. SandersCourt of Appeals of Texas · 1922
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