Blanks v. Ripley
Court of Appeals of Texas
Appeal from Tom Green. Tried below before Hon. J. W. Timmins. The opinion gives a full statement. The facts show that the note sued on was given in part purchase for the three-fourths interest in the irrigating ditch, the title to which had failed, and entitled defendant, he having already paid appellees $3250 on said land, to interpose his plea of failure of consideration of said note, as appellees were beyond the jurisdiction of the court, and had no property in this…
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Appeal from Tom Green. Tried below before Hon. J. W. Timmins. The opinion gives a full statement. The facts show that the note sued on was given in part purchase for the three-fourths interest in the irrigating ditch, the title to which had failed, and entitled defendant, he having already paid appellees $3250 on said land, to interpose his plea of failure of consideration of said note, as appellees were beyond the jurisdiction of the court, and had no property in this State. Cooper v. Singleton, 19 Texas, 260; Marlow v. King, 17 Texas, 177; Stewart v. Insall, 9 Texas, 397; 22 Texas, 282; 16…
1Opinion of the Court
COLLARD, Associate Justice.
Suit by appellees against appellant on a note executed by the latter to the former for $750, and asking foreclosure of vendor’s lien upon land described for which the note was given. Defendant below set up partial failure of consideration.
The facts alleged and substantially proved by defendant are as follows: He purchased the land and lots from plaintiffs, and a three-fourths undivided interest in an irrigating ditch, known as Waste Water ditch, running through other surveys numbers 726, 727, and 728, and across part of the land sold, for $4000, of which $2500 were…
2Cases cited10 opinions
- Ogburn v. WhitlowTexas Supreme Court · 1891
- Tarpley v. Poage's Adm'rTexas Supreme Court · 1847
- Estell v. ColeTexas Supreme Court · 1884
- May v. IvieTexas Supreme Court · 1887
- May v. TaylorTexas Supreme Court · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Payne v. BeaumontCourt of Appeals of Texas · 1922
- Kothmann v. Southwest Co.Court of Appeals of Texas · 1936
- Cook v. BarrierCourt of Appeals of Texas · 1934
- Cook v. BarrierCourt of Appeals of Texas · 1934