Moreland v. Atchison
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Hat. M. Burford. This suit was instituted by George W. Moreland, against Robert Atchison, on the 21st day of September, 1855, for the rescission of a contract, by which the defendant, on the 30th of October, 1854, sold to the plaintiff, a tract of land in Grayson county, containing 320 acres of land.
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Appeal from Grayson. Tried below before the Hon. Hat. M. Burford. This suit was instituted by George W. Moreland, against Robert Atchison, on the 21st day of September, 1855, for the rescission of a contract, by which the defendant, on the 30th of October, 1854, sold to the plaintiff, a tract of land in Grayson county, containing 320 acres of land. The petition alleged, that the defendant fraudulently represented to the plaintiff, who was then a stranger in the country, that the title to the land was good; that he would guaranty the title to the same; that the plaintiff, relying upon the…
1Opinion of the CourtWheeler, C. J.
The question of the sufficiency of the petition was settled on a former appeal. (19 Texas Rep. 303.) The disposition of the case must now depend on the question of the correctness of the charge of the court. It is certain, that Boone acquired no right of pre-emption by virtue of his settlement and *168survey, because the land was not then subject to be thus appropriated, being within the limits of Peters’ colony, and the settlement and survey having been made during the reservation created by the Act of the 10th of February, 1852. (Laws 4th Leg., ch. 72, § 3.) Having no right to the land, Boone…
2Cases cited1 opinion
- Moreland v. AtchisonTexas Supreme Court · 1857
3Cited by7 opinions
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