Legal Opinion

Johnson v. Long

Texas Supreme Court

Decided July 1, 1863PublishedCited by 8 opinions

Error from Gilmer. Tried below before the Hon. 0. A. Frazer. This suit was brought by James M. Long, appellee, against Allen Johnson, the appellant, on a note given by Johnson to Long, in part payment of the purchase money for a tract of land, and to subject the land to the payment of the note.

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Error from Gilmer. Tried below before the Hon. 0. A. Frazer. This suit was brought by James M. Long, appellee, against Allen Johnson, the appellant, on a note given by Johnson to Long, in part payment of the purchase money for a tract of land, and to subject the land to the payment of the note. The defendant pleaded that the consideration of the note sued on had wholly failed, in this, that plaintiff, at the time he sold the land to the defendant, for which the note was given, had no title whatever to the same; that the land, at the time of sale, belonged to the heirs of Daniel B. Lucus, who…

1Opinion of the Court

Wheeler, G. J.

There is no error in the judgment. This was the case of an executed contract by conveyance by deed, with general warranty. In such a case, to entitle the vendee to resist the payment of the purchase money, he must establish, beyond doubt, that the title had failed in whole or in part, and that there was danger of eviction (Cooper v. Singleton, 19 Tex. R., 260). For aught that appears, the defendant may ha,ve a good title by mesne conveyances from the grantee, and be in the undisturbed possession and enjoyment of the land. It devolved on him to show the failure of title and his…

2Cited by8 opinions

  1. Haralson v. LangfordTexas Supreme Court · 1886
  2. Tooke v. BondsTexas Supreme Court · 1867
  3. Herron v. HarbourSupreme Court of Oklahoma · 1916
  4. Price v. BlountTexas Supreme Court · 1874
  5. Moore v. VogelCourt of Appeals of Texas · 1899

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