Brown v. Cates
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Johnson County. Field sued Cates on breach of warranty of title. Brown, the holder of paramount title, was made a party, and Cates sought foreclosure of a mortgage against him, and appealed from a judgment holding him liable on the warranty and denying foreclosure. The judgment, as between Cates and Brown, was reversed and remanded, and each obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
This action was brought by W. G. Field to recover of W. D. Cates a sum less than $1,000, for breach of warranty of title to a lot of land conveyed by the latter to the former on the 1st day of February, 1902. The petition alleged an eviction of plaintiff under judgment in favor of John C. Brown by virtue of a paramount title. In some way, not clearly shown by the record before us, Brown was made a party, to the present action, and Cates, besides his pleadings defensive to the cause of action asserted by Field, pleaded against Brown a cause of action in his own…
2Cases cited1 opinion
- Bradford v. KnowlesTexas Supreme Court · 1894
3Cited by18 opinions
- Cathey v. WeaverTexas Supreme Court · 1922
- Long v. City of Wichita FallsTexas Supreme Court · 1944
- William C. Davidson v. Federal Deposit Insurance Corporation as Receiver for United Bank of Texas, Defendant-Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1995
- LaForce v. BrackenTexas Supreme Court · 1943
- Browne v. KingCourt of Appeals of Texas · 1917
13 more not listed; retrieve them via the Exa API.