Roberts v. Smith
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Richard Maltbie. This suit was commenced August 19, 1882, by Rat Smith and Belle Smith, his wife, against Jo B. Roberts and his wife, Florentha Roberts, to recover the amount of a promissory note, by defendants to plaintiffs, dated March 8, 1879, payable six months from date, for §540.53, “ without interest,” and to foreclose a vendor’s lien for its amount upon two tracts of land in Grayson county, for the purchase money of…
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Appeal from Grayson. Tried below before the Hon. Richard Maltbie. This suit was commenced August 19, 1882, by Rat Smith and Belle Smith, his wife, against Jo B. Roberts and his wife, Florentha Roberts, to recover the amount of a promissory note, by defendants to plaintiffs, dated March 8, 1879, payable six months from date, for §540.53, “ without interest,” and to foreclose a vendor’s lien for its amount upon two tracts of land in Grayson county, for the purchase money of which it was given. Defendants, by amended original answer, set up a written agreement contemporaneous with the note, and…
1Opinion of the Court
Willie, Chief Justice.
It does not seem to be disputed but that the contract between Smith and Roberts called for a valid and warranty title to the land in Tennessee, derived by Mrs. Roberts under the will of her father. Indeed, this is the construction placed by this court upon such words as were used in this contract, in describing the character of deed that the appellants were to make to Smith for the Tennessee land. Vardeman v. Lawson, 17 Tex., 10.
At the time of making the contract the parties supposed that the appellants could convey a perfect title to the land, and did not know that Mrs.…
2Cases cited1 opinion
- Vardeman v. LawsonTexas Supreme Court · 1856
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- Ford Motor Credit Co. v. LongCourt of Appeals of Texas · 1980
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