Hampshire v. Floyd
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. J. P. Richardson. This was an action of trespass to try title, brought by Hampshire and wife. Floyd claimed the land as a purchaser from Phil. Claiborne, and alleged that Hampshire and wife, by contract in writing, agreed with Claiborne to convey to him the land in consideration of professional services rendered in a controversy about land of which this tract formed a part.
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Appeal from Bastrop. Tried below before the Hon. J. P. Richardson. This was an action of trespass to try title, brought by Hampshire and wife. Floyd claimed the land as a purchaser from Phil. Claiborne, and alleged that Hampshire and wife, by contract in writing, agreed with Claiborne to convey to him the land in consideration of professional services rendered in a controversy about land of which this tract formed a part. The evidence showed the former existence and loss of a contract to convey the land to Claiborne, and that the names of Hampshire and wife were signed to that contract. The…
1Opinion of the CourtOgden, P. J.
There was error in the ruling of the court on the trial of this cause, in the admission of evidence of the contents of the lost agreement between Phil. Claiborne and Hampshire and wife, until the execution of the agreement by the parties sought to be charged therewith had been established by proof. There was a general denial of the allegations of the answer, or cross-bill, and this put in issue all the material facts to be proven. Articles 1443 and 3716, Paschal’s Digest, provide for the admission in evidence of written instruments under certain circumstances, without the necessity of proving…
2Cases cited3 opinions
- Berry v. DonleyTexas Supreme Court · 1863
- Robinson v. BrinsonTexas Supreme Court · 1857
- Jordan v. RobsonTexas Supreme Court · 1864
3Cited by1 opinion
- Blair v. BreedingCourt of Appeals of Texas · 1909