Henry v. Lane
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Southern District of Texas. In 15)01 the appellant was the owner of a tract of land in Wharton connty, Tex., originally granted to Napoleon B. Williams, but patented to his heirs March 17, 1856. This tract of land was acquired by appellant in 1874, and, while it was commonly designated as the “Napoleon B. Williams league,” it was found in 1898 that, according to the field notes set forth in the patent, it only…
Read the full summary
Appeal from the Circuit Court of the United States for the Southern District of Texas. In 15)01 the appellant was the owner of a tract of land in Wharton connty, Tex., originally granted to Napoleon B. Williams, but patented to his heirs March 17, 1856. This tract of land was acquired by appellant in 1874, and, while it was commonly designated as the “Napoleon B. Williams league,” it was found in 1898 that, according to the field notes set forth in the patent, it only embraced 4,817 acres of land instead of a full league of 4,428 acres. A resurvey was made early in 1898 for appellant under…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). An inspection of the transcript will tshow that, while the complainant below sets forth, and asks specific performance of, the agreement of May 5, 1901, as binding upon the appellant, Henry, yet the decree herein appealed from does not conform to the said agreement. The decree commences by holding that the alleged contract ought to be specifically enforced, but then proceeds by changes here and there to make a materially different contract from that alleged, and require the execution of an agreement and trade which no one contends the parties ever made.…
2Cases cited15 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Bennecke v. Insurance Co.Supreme Court of the United States · 1882
- Halsey v. MorteiroSupreme Court of Virginia · 1896
- Reese v. MedlockTexas Supreme Court · 1863
- Gouldy v. MetcalfCourt of Appeals of Texas · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kielmann v. MoganMontana Supreme Court · 1970
- Texas Soil Recycling, Inc. v. Intercargo Ins. Co.Court of Appeals for the Fifth Circuit · 2001
- Strauss v. RabeNew Jersey Court of Chancery · 1925
- Rocklin v. EanetCourt of Appeals of Maryland · 1952
- Harding v. Kentucky River Hardwood Co.Court of Appeals of Kentucky · 1924
10 more not listed; retrieve them via the Exa API.