Jones v. Hutchinson
Texas Supreme Court
Error from Colorado. Tried below before Hon. N. H. Hunger. Trespass by plaintiff against W. H. Moore for land, and to recover the value of the use and occupation; amended petition makes C. Y. Hutchinson a party, alleging that he pretends to claim the land described in plaintiff’s original petition, and that Joseph H. Guy, under whom the defendant Moore pretends to claim the possession of the land, asserts a tenancy under said Hutchinson.
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Error from Colorado. Tried below before Hon. N. H. Hunger. Trespass by plaintiff against W. H. Moore for land, and to recover the value of the use and occupation; amended petition makes C. Y. Hutchinson a party, alleging that he pretends to claim the land described in plaintiff’s original petition, and that Joseph H. Guy, under whom the defendant Moore pretends to claim the possession of the land, asserts a tenancy under said Hutchinson. Answer by Moore not guilty, and that he was in peaceable possession of the premises under contract with Joseph H, Guy; that said Guy and those under whom he…
1Opinion of the Court
Hemphill, Ch. J.
There can be no doubt of the right of Hutchinson to lease the land contingently to Guy, and of Guy to rent to Moore. Hutchinson, as the vendee under an executory contract, had been put into possession by his vendor, the plaintiff Jones. The last of the several notes given for the purchase became due on the first of January, 1855, and no *376payments had been made except one thousand dollars on the-first note. But for aught that appears the vendee was still in possession, and the vendor had not, up to the time of renting, entered upon the land, or given notice to the vendee to…
2Cases cited3 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Davidson v. ErnestSupreme Court of Alabama · 1845
- Jones v. TiptonCourt of Appeals of Kentucky · 1834
3Cited by5 opinions
- Stinson v. SneedCourt of Appeals of Texas · 1914
- Marlow v. MedlinCourt of Appeals of Texas · 1977
- Bateman v. BrownCourt of Appeals of Texas · 1927
- Bailey v. MannCourt of Appeals of Texas · 1923
- Bateman v. BrownCourt of Appeals of Texas · 1927