Smock v. Tandy
Texas Supreme Court
Error from Johnson. The case was tried before Hon. Hat. M. Burford, one of the district judges. The essential facts are clearly stated in the opinion of the court. The petition was filed by defendant in error on the 81st of May, 1860, and service of process was acknowledged a few days thereafter.
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Error from Johnson. The case was tried before Hon. Hat. M. Burford, one of the district judges. The essential facts are clearly stated in the opinion of the court. The petition was filed by defendant in error on the 81st of May, 1860, and service of process was acknowledged a few days thereafter. Trial at the ensuing July term, and verdict of the jury, finding “the allegations in plaintiff’s petition to be true, and that the said plaintiff is entitled to eighty acres of land off of the east end of the survey described in his said petition.” The judgment of the court was as follows: “Whereupon…
1Opinion of the CourtSmith, J.
—The plaintiff in error, R. B. Smock, and one G. H. Cunningham, on the 15th March, 1854, entered into a written agreement, by which Cunningham was to locate, survey, and have patented for him two hundred and sixty acres of land, and, when patented, Smock bound himself to make him a deed for one-third of it. Subsequently they entered into a verbal agreement, Cunningham acting by agent, to enlarge the survey to the full amount of three hundred and twenty acres, the whole of the certificate that Cunningham was locating, and he to receive his part for locating, surveying, and patenting it at his…
2Cases cited1 opinion
- Watkins v. GilkersonTexas Supreme Court · 1853
3Cited by12 opinions
- Ross v. McGowenTexas Supreme Court · 1883
- Gibbons v. BellTexas Supreme Court · 1876
- Hunt v. ElliottIndiana Supreme Court · 1881
- Airhart v. MassieuSupreme Court of the United States · 1879
- Reed v. WestTexas Supreme Court · 1877
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