Westrope v. Chambers
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. William H. Stewart. This suit "was commenced May 12, 1866, in the District Court of Chambers county, for Miss Fannie Westrope, minor, by E. Keough, then her guardian, and was afterwards transfciTed to Galveston.
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Appeal from Galveston. Tried below before the Hon. William H. Stewart. This suit "was commenced May 12, 1866, in the District Court of Chambers county, for Miss Fannie Westrope, minor, by E. Keough, then her guardian, and was afterwards transfciTed to Galveston. The object was to recover from the estate of General T. J. Chambers the sum of §856, with interest from March 18,1853, and was in the nature of an action for breach of covenants in a deed of that date executed by Chambers to Thomas Westrope, deceased, father of plaintiff, wherein Chambers acknowledges the receipt of the above sum of…
1Opinion of the Court
Bonner, Associate Justice.
The deed from T. J. Chambers to Thomas Westrope, under whom plaintiff claims, contains these two covenants:
1. One, that Chambers had full right to sell and convey the land,
2. The other, of general warranty of title.
The charge of the court did not present to the jury any issue upon the covenant of right to sell and convey, and it might be sufficient to dispose of this branch of the case to say that no special charge was asked. It seems, however, that under the statute of limitations, pleaded by the defendant, the right to recover for a breach of this covenant was…
2Cases cited2 opinions
- Summers v. DavisTexas Supreme Court · 1878
- Truehart v. BabcockTexas Supreme Court · 1878
3Cited by23 opinions
- Schneider v. Lipscomb County National Farm Loan Ass'nTexas Supreme Court · 1947
- Winsor v. O'ConnorTexas Supreme Court · 1888
- Shannon v. ChildersCourt of Appeals of Texas · 1918
- Compton v. Trico Oil Co.Court of Appeals of Texas · 1938
- Branch v. BakerTexas Supreme Court · 1888
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