Baldridge v. Cook
Texas Supreme Court
Error from Matagorda. Tried below before the Hon., George W. Smith. This suit was instituted by the appellants, J. W. Baldridge, J. H. Baldridge and Daniel P. Sparks, against the appellee and the sheriff of said county, to enjoin the collection of a judgment rendered in the District Court of said county for the purchase money of an undivided fourth interest in a tract of land purchased by appellants of appellee.
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Error from Matagorda. Tried below before the Hon., George W. Smith. This suit was instituted by the appellants, J. W. Baldridge, J. H. Baldridge and Daniel P. Sparks, against the appellee and the sheriff of said county, to enjoin the collection of a judgment rendered in the District Court of said county for the purchase money of an undivided fourth interest in a tract of land purchased by appellants of appellee. The appellants purchased of appellee, an undivided fourth interest of one hundred and seventy-nine and one-half acres of land situated bn Matagorda bay and Powder Horn bayou, in…
1Opinion of the CourtMoore, J.
The distinctions between executed and executory contracts for the sale of land, are recognized and clearly defined by this court in the case of Cooper v. Singleton, 19 Tex. Rep., 260. The general rule enunciated in that case, that so long as the contract remains executory the purchaser shall not be compelled to pay the purchase money and take a defective title, has been uniformly sustained and followed in the subsequent decisions of the court, (Hurt v. McReynolds, 20 Tex. Rep., 601,) and other cases in manuscript not yet reported, and must now be regarded as settled law in this court. This…
2Cases cited2 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Hurt v. BlackburnTexas Supreme Court · 1857
3Cited by17 opinions
- Frazier v. BoggsSupreme Court of Florida · 1896
- Crutcher v. AikenCourt of Appeals of Texas · 1923
- Hale v. McComasTexas Supreme Court · 1883
- Dixon v. ZadekTexas Supreme Court · 1883
- Love v. PowellTexas Supreme Court · 1886
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