Sharp v. Baker
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. R. A. Reeves. This action was brought in the court below by Hiram Sharp, the appellant, against Silas Baker, the appellee, on a promissory note for the sum of f>400. The defendant answered by a general denial, and also answered specially in an original answer and several amendments, that the note was given in part payment for a tract of land, bought by Baker of Sharp, for which he held Sharp’s bond, to make him a good and…
Read the full summary
Appeal from Navarro. Tried below before the Hon. R. A. Reeves. This action was brought in the court below by Hiram Sharp, the appellant, against Silas Baker, the appellee, on a promissory note for the sum of f>400. The defendant answered by a general denial, and also answered specially in an original answer and several amendments, that the note was given in part payment for a tract of land, bought by Baker of Sharp, for which he held Sharp’s bond, to make him a good and sufficient deed; that Sharp represented himself as having a good and legal title to the land, but in truth he had no title,…
1Opinion of the CourtRoberts, J.
It will be necessary to notice only a few of the leading features of this case. Sharp brought a suit on a note under seal. Baker pleaded a failure of consideration, to wit, that it was given in part payment of one hundred and seventy acres of land, sold by Sharp to him; that Sharp had bound himself, in a title bond, to make him a “good and sufficient deed” to the land; that Sharp derived his right through a defective tax title; that the title to the land, was outstanding in another person, different from the person under whom Sharp claimed; that his right depended upon a deed from a married…
2Cited by17 opinions
- Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- de Garca v. GalvanTexas Supreme Court · 1881
- Craig, Exrx. v. Citizens Trust CompanyIndiana Supreme Court · 1940
- Evans v. CavanaghIdaho Supreme Court · 1937
12 more not listed; retrieve them via the Exa API.