Thompson v. Munger
Texas Supreme Court
Appeal from Caldwell. This was a suit by the appellee, as administrator of the estate of William Pettus, deceased, against the appellant, on á promissory note and'mortgage given to secure the purchase money for land sold the defendant by the plaintiff at administrator’s sale. The defence was failure of consideration and fraud in the sale.
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Appeal from Caldwell. This was a suit by the appellee, as administrator of the estate of William Pettus, deceased, against the appellant, on á promissory note and'mortgage given to secure the purchase money for land sold the defendant by the plaintiff at administrator’s sale. The defence was failure of consideration and fraud in the sale. The answer avers, in substance, that at the time of the sale the estate had no title ; and that the conveyance made by the plaintiff was worthless, by reason of the existence of good and valid outstanding paramount titles ; that the deceased in his lifetime,…
1Opinion of the CourtWheeler, J.
The only question presented by the record is as to the propriety of the ruling of the Court, upon the sufficiency of the answer.
The grounds on which the defendant rested his title to relief, were failure of title, fraud in the plaintiff and the eviction of the defendant from a part of the land purchased. The fraud was alleged to consist in selling lands as property of the estate to which the plaintiff knew he could not make a *527valid title, and in false representations respecting the situation and locality of the land. And the question is whether these grounds are sufficient, as set forth in…
2Cited by8 opinions
- Medlin v. WilkinsTexas Supreme Court · 1883
- Alamo Mills Co. v. Hercules Iron WorksCourt of Appeals of Texas · 1892
- Carson v. Kelley & SweattTexas Supreme Court · 1882
- Boykin v. CookSupreme Court of Alabama · 1878
- Turney v. WilliamsTexas Supreme Court · 1876
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