Garner v. Stubblefield
Texas Supreme Court
Appeal from Polk. Tilomas Bradley, the deceased intestate, in bis lifetime verbally agreed to sell to the appellant forty-one acres of land at three dollars per acre. The land was surveyed preparatory to the execution of a conveyance; and the fees of the surveyor were paid by the appellant with the understanding that they were to be credited on the purcliase-money.
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Appeal from Polk. Tilomas Bradley, the deceased intestate, in bis lifetime verbally agreed to sell to the appellant forty-one acres of land at three dollars per acre. The land was surveyed preparatory to the execution of a conveyance; and the fees of the surveyor were paid by the appellant with the understanding that they were to be credited on the purcliase-money. The appellant “held at the inception of the contract and still holds a note executed by the deceased in his favor for the sum of $421.33; and it was stipulated that payment of the land should be made b}' indorsing a credit on the…
1Opinion of the Court
Hemphill, Ch. J.
The grounds on which a, reversal of the judgment is urged are—
1st. That the contract was partly performed by payment of part of the purchase-money.
2d. The answer acknowledges the facts and agreement as set forth in the petition, and does not plead the statute as a bar or defense.
3d. The statute should have been specifically set up as a bar or defense.
The statute referred to is the “ act to prevent frauds and fraudulent conveyances,” (Hart. Dig., p. 454,) which in its first section declares that “no action shall he brought whereby to charge any executor or administrator upon…
2Cited by47 opinions
- American National Insurance v. WarnockTexas Supreme Court · 1938
- W. M. W. N.W. Ry. Co. v. WoodTexas Supreme Court · 1895
- North Clear Lake Development Corp. v. BlackstockCourt of Appeals of Texas · 1970
- Callaghan v. TobinCourt of Appeals of Texas · 1905
- Ponce v. McWhorterTexas Supreme Court · 1879
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