Rich v. Ferguson
Texas Supreme Court
Appeal from Collin. Tried below before the Hon. W. H. Andrews. Ferguson, as administrator of William Patterson, sued Eich on a promissory note, and to enforce the vendor’s lien upon a tract, 180 acres, of land.
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Appeal from Collin. Tried below before the Hon. W. H. Andrews. Ferguson, as administrator of William Patterson, sued Eich on a promissory note, and to enforce the vendor’s lien upon a tract, 180 acres, of land. Defendant pleaded that the sale was fraudulent, in that Patterson falsely represented the tract to contain 180 acres, when it only contained 140 acres, which deficit Patterson well knew; that the consideration agreed to he paid for the land was at the rate of six dollars per acre. The value of forty acres at that price was set up as an offset. Defendant also pleaded in reconvention…
1Opinion of the Court
Reeves, Associate Justice.
In tins case the matters in controversy between the parties, as well of facts as of law, were submitted to the court for decision, a jury being waived by the parties.
The plaintiff read in evidence the note sued upon and the deed from Patterson to Eich for the land therein described. The defendant admitted that the note was given for the balance of the purchase-money on the land.
The court rendered judgment for the plaintiff for the *398amount of the note, and condemned the land to be sold to pay it.
The defendant resisted the. payment of the note on two grounds: 1, because…
2Cases cited3 opinions
- O'Connell v. DukeTexas Supreme Court · 1867
- Hall v. LaytonTexas Supreme Court · 1856
- M'Coun v. DelanyCourt of Appeals of Kentucky · 1813
3Cited by15 opinions
- Bickler v. BicklerTexas Supreme Court · 1966
- Wooten v. State of TexasTexas Supreme Court · 1944
- Wagner v. AUSTIN SAVINGS AND LOAN ASSOCIATIONCourt of Appeals of Texas · 1975
- Baldridge v. ScottTexas Supreme Court · 1877
- Adams v. Fidelity Lumber Co.Court of Appeals of Texas · 1918
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