Varner v. Carson
Texas Supreme Court
Appeal from Parker. Tried below before the Hon. A.. J. Wood. The appellant brought this suit against W. J. Carson, T. D. Lewis, J. M. Richards, W. W. Davis, J. A. Gardiner and J. W. Stevens; trustees of the Methodist church, but the fraudulent representations and deceit charged in the petition were alleged to have been made by W. J. Carson, J. M. Bichards and W. W. Davis only, who, it was alleged, claimed that they represented all of the trustees of the church.
1Opinion of the Court
Willie, Chief Justice.—
As this cause was dismissed below upon a general demurrer filed to the appellees’ petition, we are of course to consider the allegations of that petition as true in every respect in passing upon the ruling of the court.
The allegations upon which it was sought to rescind the contract for the cancellation of the note held by Mrs. Yarn'er against the trustees of the church, and the deed made to her for the town lot in return for such cancellation, are substantially to this effect: That at the time of making this contract she was an illiterate woman, unaccustomed to…
2Cases cited7 opinions
- M'Cormick v. MalinIndiana Supreme Court · 1841
- Seeley v. PriceMichigan Supreme Court · 1866
- Wilson v. WattsCourt of Appeals of Maryland · 1856
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- Ellis v. MathewsTexas Supreme Court · 1857
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3Cited by24 opinions
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