John Tumlinson's Adm'r v. John York's Adm'r
Texas Supreme Court
Appeal from De Witt. Tried below before the Hon. Fielding Jones. Petition of John York’s administrator, filed in the County Court on the 9th of December, 1854, alleging the execution of a bond for title to land, by John Tumlinson, in his lifetime, which bond was filed as part of the petition; the death of Tumlinson ; administration on his estate in that county; that said title had never been made; prayer for specific performance.
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Appeal from De Witt. Tried below before the Hon. Fielding Jones. Petition of John York’s administrator, filed in the County Court on the 9th of December, 1854, alleging the execution of a bond for title to land, by John Tumlinson, in his lifetime, which bond was filed as part of the petition; the death of Tumlinson ; administration on his estate in that county; that said title had never been made; prayer for specific performance. Said bond was as follows:— The State of Texas, County of De Witt. Know all men by these presents that I, John Tumlinson, of said county, am held and firmly bound…
1Opinion of the Court
Hemphill, Ch. J.
This was a suit for specific performance of a bond for title to land. It was commenced in the County Court, where the prayer for performance was refused. On appeal to the District Court, this judgment was reversed, and the cause has been brought by appeal to this Court.
We are of opinion that there was error in the judgment of the District Court. The bond does not recite any consideration. There is no allegation in the petition, that a valuable consideration was paid by the vendee, and although there is no statement of facts, and we cannot ascertain from the record what facts…
2Cited by9 opinions
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- Hardwicke v. Trinity Universal Ins. Co.Court of Appeals of Texas · 1935
- Randell v. RobinsonCourt of Appeals of Texas · 1914
- Wheeler v. FriendTexas Supreme Court · 1859
- Byars v. ThompsonTexas Supreme Court · 1891
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