Brook v. Moreland
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Hardin Hart. This record presents a somewhat complicated case, but a a more minute statement of the facts than that given in the opinion would not elucidate the rulings of the court. The brief for the appellee on his motion for rehearing did not reach the hands of the reporter, who is therefore unable to give the cases cited in it, and referred to by the court in refusing the motion.
1Opinion of the CourtMorrill, C. J.
Action to rescind an executed contract. The suit was instituted by Moreland against Warren and wife, and appellant, Brook. Plaintiff alleged that in October, 1858, he having an equitable title to a certain lot of land in Grayson county, to be perfected into a legal title upon the payment of three hundred dollars, conveyed this land to Warren and wife, who in return assumed to pay the sum due, and also conveyed to plaintiff certain lands in the State of Illinois, by warranty titles.
That in May, 1863, Warren sold to Brook the land purchased of plaintiff.
Plaintiff further details that soon after…
2Cited by2 opinions
- Petroleum Anchor Equipment, Inc. v. TyraTexas Supreme Court · 1967
- Dutton v. KinseyCourt of Appeals of Texas · 1938