Demaret v. Bennett
Texas Supreme Court
Appeal from Grimes. The case was tried before Hon. Peter W. Gray, one of the district judges. Reuben W. Bennett sued Martin P. Demaret and Edgar Demaret, his security, on a note for $2,500, payable to ' Thomas C. Bradbury or order, and transferred to plaintiff “in due course of trade and for a valuable consideration.” There were several answers and amended answers.
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Appeal from Grimes. The case was tried before Hon. Peter W. Gray, one of the district judges. Reuben W. Bennett sued Martin P. Demaret and Edgar Demaret, his security, on a note for $2,500, payable to ' Thomas C. Bradbury or order, and transferred to plaintiff “in due course of trade and for a valuable consideration.” There were several answers and amended answers. The merits of the defense were, that the defendants plead that the note was transferred after maturity, and that there was a partial failure of consideration. But the questions which might have arisen as to the time of the…
1Opinion of the CourtSmith, J.
part of the defendant’s answer to which exceptions were sustained must be taken as true, for the purposes of the exceptions and the action of the court on them.
A purchaser of land, under an executory agreement, will not be compelled to accept a doubtful title and pay the purchase-money, unless he has agreed to take such a title as the vendor has, or to take the title at his own risk, with a knowledge of the defects. (7 Tex., 244.)
A purchaser who has gone into possession under a deed with warranty, without any notice of a defect in the title, may resist the payment of the purchase-money, by…
2Cases cited3 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Ludwick v. HuntzingerSupreme Court of Pennsylvania · 1842
- Hurt v. McReynoldsTexas Supreme Court · 1857
3Cited by18 opinions
- Ogburn v. WhitlowTexas Supreme Court · 1891
- Holloway v. BlumTexas Supreme Court · 1884
- Costley v. State Farm Fire & Casualty Co., Texas Court of Appeals, 7th District (Amarillo)1994
- Groesbeck v. HarrisTexas Supreme Court · 1891
- Herron v. HarbourSupreme Court of Oklahoma · 1916
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