Legal Opinion

Hemming v. Zimmerschitte

Texas Supreme Court

Decided December 15, 1849PublishedCited by 11 opinions

Error from Colorado. This suit was brought by tlie plaintiff in error against tlie, defendant in error “to enforce tlie specific, performance of a title bond for two hundred and lifty acres of laud.”

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Error from Colorado. This suit was brought by tlie plaintiff in error against tlie, defendant in error “to enforce tlie specific, performance of a title bond for two hundred and lifty acres of laud.” The date of (he bond was tlie 28th of August, 1889. The petition was filed on the Kith of September, 184G. By the bond the defendant acknowledged himself to be hold and firmly bound unto the plaintiff in tlie sum of 81,000. with a condition in tlie following- words: “How tlie condition of the foregoing- obligation is such that if I, the said Zimmerschitte, my heirs or assigns, for and in…

1Opinion of the Court

Hemphill, Ch. J.

This case was brought by the appellant (who wa= plaintiff in the court below) for specific performance! of a bond conditioned to be void on conveyance of title to lands therein described. The petition was filed in September, 1846, and the answer, or paper purporting to be an answer, in April, 1847. At tlie next, term a general demurrer or exception was tiled, and at a subsequent term tlie petition was amended and a second general demurrer was pleaded. On argument tlie demurrer was sustained and the petition dismissed. A motion to set aside (his judgment was overruled, and (lie…

2Cases cited2 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. King and Others v. Hamilton and OthersSupreme Court of the United States · 1830

3Cited by11 opinions

  1. Loper v. RobinsonTexas Supreme Court · 1881
  2. Alexander v. WalkerCourt of Appeals of Texas · 1922
  3. McCord-collins Commerce Co. v. LeviCourt of Appeals of Texas · 1899
  4. Scott v. LottCourt of Appeals of Texas · 1922
  5. Harris v. ShearCourt of Appeals of Texas · 1915

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