Vardeman v. Lawson
Texas Supreme Court
Error from Rusk. Tried before the Hon. W. W. Morris. Suit commenced Oct. 15th, 1853, by Henry M. Lawson and others against William Yardeman for the specific performance •of a bond for title. The bond was alleged to be lost.
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Error from Rusk. Tried before the Hon. W. W. Morris. Suit commenced Oct. 15th, 1853, by Henry M. Lawson and others against William Yardeman for the specific performance •of a bond for title. The bond was alleged to be lost. Ailcy D. Yardeman, wife of said William, filed her petition of intervention against both the plaintiffs and defendant, to recover the land in controversy, on the ground that it had been purchased with her separate property, of which she alleged the obligees in the bond had notice. The facts were that Ailcy’s mother died in 1832, in the State •of Alabama, leaving a last…
1Opinion of the CourtWheeler, J.
Two grounds are relied on by the plaintiff in
•error, William Vardeman, for reversing the judgment: 1st. *15That there was not sufficient evidence of the contents of the bond, or contract to convey, to entitle the plaintiffs to the verdict and decree thereon for specific performance : 2d. That the action was barred by the lapse of time, and the Court erred in overruling the plea of the Statute of limitations.
Upon the first point it is to be observed, there does not appear to have been any question made by the plaintiff in error, or any other controversy as to the terms of the bond. When called on…
2Cases cited1 opinion
- O'Neil v. TeagueSupreme Court of Alabama · 1845
3Cited by24 opinions
- Cleveland v. ClevelandTexas Supreme Court · 1896
- Gilmore v. O'NeilTexas Supreme Court · 1915
- Roberts & Corley v. McFadden, Weiss & KyleCourt of Appeals of Texas · 1903
- Faulk v. DashiellTexas Supreme Court · 1884
- Elliott v. MitchellTexas Supreme Court · 1877
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