Littlefield v. Tinsley
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by appellees, against appellant, upon a promissory note for $150, given, as alleged in the petition, in part payment for the west half of John Pratt’s survey of 640 acres of land, for which they had executed to him a bond for title.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit by appellees, against appellant, upon a promissory note for $150, given, as alleged in the petition, in part payment for the west half of John Pratt’s survey of 640 acres of land, for which they had executed to him a bond for title. Appellants answered, admitting that the note was given in part payment for the said land, for which appellees had given him their bond for a good warranty title, upon payment to them for the same; but that appellees had no title to the said land, and could not make him a title, as stipulated in…
1Opinion of the Court
Wheeler, Ch. J.
It appears that the defendant’s evidence, *260offered to prove his defence of want of title in the plaintiff, was rejected, on the ground, that there was no foundation for the. admission of the evidence laid in the answer. But the force of the objection is not perceived, nor does the brief of counsel for the appellee, indicate what particular allegation was wanting to let in the proof.
The contract was executory; and in that case, it is well settled, that defect of title in the vendor will entitle the vendee to relief, unless it be proved by the vendor, that the defect of title was…
2Cases cited1 opinion
- Lawrence v. SimontonTexas Supreme Court · 1854