Rodgers v. Daily
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. A. T. McKenney, special judge. This suit was brought in 1869 by Daniel Daily, against J. y.
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Appeal from Houston. Tried below before the Hon. A. T. McKenney, special judge. This suit was brought in 1869 by Daniel Daily, against J. y. Bodgers, to recover the value of nine thousand pounds of seed cotton, which Bodgers, by Ms obligation of date October 24,1868, promised to deliver “in good condition at the gin-house of said Daily, in Houston county, on or before the 1st clay of December, A. D. 1869, in part payment of three hundred and seventeen acres of land, part of the headlight of Oliver Mills Vinton, situate in the counties of Houston and Trinity.” The petition alleges a failure to…
1Opinion of the Court
Roberts, Chief Justice.
The trade between the parties for a tract of land of 238 acres, identified by metes and bounds, being part of the land upon which the Thomas Robbins’s certificate was located by Daily, being cancelled, it is unnecessary to make any further reference to it.
After it was cancelled, the Robbins’s certificate having been previously lifted and located elsewhere, the land was vacant public land, and the obligation sued on, which was given for 317 acres, on which said Rodgers resided, was without consideration. Hor are there any facts shown in the record, which, by reflection…
2Cases cited6 opinions
- Wheeler v. StylesTexas Supreme Court · 1866
- Jennings v. De CordovaTexas Supreme Court · 1857
- Cravens v. BrookeTexas Supreme Court · 1856
- Spier v. LamanTexas Supreme Court · 1863
- Pain v. MillerTexas Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Howard v. McKenzieTexas Supreme Court · 1880
- James v. LambCourt of Appeals of Texas · 1893
- Swetman v. SandersTexas Supreme Court · 1892
- Hammers v. HanrickTexas Supreme Court · 1887
- Brinkley v. SmithCourt of Appeals of Texas · 1896
4 more not listed; retrieve them via the Exa API.