Tarpley v. Poage's Adm'r
Texas Supreme Court
This was a suit brought by the appellant, Tarpley, to recover from the administrator of Poage one thousand dollars-upon a promissory note, alleged to have been executed by his intestate.
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This was a suit brought by the appellant, Tarpley, to recover from the administrator of Poage one thousand dollars-upon a promissory note, alleged to have been executed by his intestate. The defendant pleaded the general issue, and specially, that the note was given as the price of one thousand acres of' land sold by the plaintiff to Nancy A. Poage, wife of the intestate, by deed with warranty, and that plaintiff had failed to-make, and could not make, title to the said land, and that, consequently, the consideration for which said note was given had failed, etc.' The following is,…
1Opinion of the CourtChief Justice Hemphill
This action was instituted on a promissory note executed by the defendant’s intestate, and the defense was, a failure of consideration. That the note had been given for the purchase money of a tract of land, the title of the plaintiff to which was intrinsically wholly defective, and that there was also a paramount outstanding title in third persons. The verdict being found for appellee, an appeal was taken to this court.
Several questions of considerable interest and importance are suggested by various decisions of the court below in the progress of the cause. These points we will examine to…
2Cases cited1 opinion
- Woolley v. ConstantNew York Supreme Court · 1809
3Cited by24 opinions
- Russell v. RussellTexas Supreme Court · 1993
- Clark Loftus v. PearceTexas Supreme Court · 1891
- Reed v. BuckTexas Supreme Court · 1963
- Rancho Bonito Land & Live Stock Co. v. NorthTexas Supreme Court · 1898
- Maverick v. RouthCourt of Appeals of Texas · 1894
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