Simpson v. Foster
Texas Supreme Court
Appeal from Lafayette. Tried below before the Hon. I. B. McFarland. On September 6,1854, G. T. Holman and others conveyed to Thomas S. Foster, by deed, seven hundred acres of land in Fayette county, Texas, and on October 3, 1854, Foster executed to Fred Tate a power of attorney to sell the land.
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Appeal from Lafayette. Tried below before the Hon. I. B. McFarland. On September 6,1854, G. T. Holman and others conveyed to Thomas S. Foster, by deed, seven hundred acres of land in Fayette county, Texas, and on October 3, 1854, Foster executed to Fred Tate a power of attorney to sell the land. By virtue of this power, Tate executed to Bobert A. Ishe and J. H. Simpson a bond for title to said land, on February 4, 1860. The consideration for the land was $150 cash, and three notes of Ishe and Simpson, the first for $2,183.83, due in four months, the second for $2,333.33, due in twelve months,…
1Opinion of the Court
Moore, Associate Justice.
The 34th section of the act to organize the District Courts (Paschal’s Dig., art. 54) does not give parties an absolute and unconditional right to amend their pleadings at any time before they announce themselves ready for trial. The amendment must not only be made under the direction of the court, and upon such terms as it may present, but the right or privilege of thus amending cannot be exercised in direct conflict with other plain provisions of the same act. (Paschal’s Dig., art. 144.) The right to amend the pleadings is conferred in no more positive or plainer…
2Cited by13 opinions
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- Moseby v. BurrowTexas Supreme Court · 1880
- Henry v. Roe & BurnsideTexas Supreme Court · 1892
- Hare v. PendletonCourt of Appeals of Texas · 1919
- Terrell v. CraneTexas Supreme Court · 1881
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