York's Adm'r v. Gregg's Adm'x
Texas Supreme Court
Appeal from Burleson. The record disclosed that in September, 1S37, the .appellant's i.itestale, York, sold to the intestate of the appellee, Gregg, a league of land and executed his bond to make title; $1,000 of tluv purchase-money was paid down, and two notes, one for $1,000 and the oilier for ■$¿,-100. were given for the residue, one payable in February and the other in 3)eeeml>cr, iu:58. Iu February, 1844, York brought suit for the collection of these notes. 'Liu;…
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Appeal from Burleson. The record disclosed that in September, 1S37, the .appellant's i.itestale, York, sold to the intestate of the appellee, Gregg, a league of land and executed his bond to make title; $1,000 of tluv purchase-money was paid down, and two notes, one for $1,000 and the oilier for ■$¿,-100. were given for the residue, one payable in February and the other in 3)eeeml>cr, iu:58. Iu February, 1844, York brought suit for the collection of these notes. 'Liu; present suit was instituted in December1, 1845, to enjoin the suit for (lie rolled ion of the notes, to rescind the contract…
1Opinion of the CourtWheeler, J.
The grounds relied on for reversing the judgment are :
1st. The overruling of the exceptions to the petition.
2d. The excluding of the evidence offered by the defendant.
3d. The refusal of a new trial.
1. Had the objection now insisted on, that the matters embraced in the petition in this case ought to have been pleaded to the suit upon the notes been taken in the first instance, it ought to have been sustained, for there was no necessity in making two suits of' what related to the same subject-matter and might as well have been litigated in one. But this objection was not taken until years after…
2Cited by18 opinions
- Way Way v. Coca Cola Bottling Co.Texas Supreme Court · 1930
- Ison v. SandersCourt of Appeals of Kentucky · 1915
- Gibson v. MooreTexas Supreme Court · 1858
- Scott v. GardnerCourt of Appeals of Texas · 1942
- McIntyre v. DeLongTexas Supreme Court · 1888
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