Campbell v. McFadin
Texas Supreme Court
Appeal from Williamson. Tried below before Hon. A. S. Walker. June 8, 1885, appellants brought suit for specific performance of a contract in writing, as follows: By this instrument of writing I bind myself to make to Nathan Halbert and David Garner, a quit claim deed to the one-half of the league of land to which I am entitled as a citizen of Texas, so soon as I myself shall obtain a title for the same.
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Appeal from Williamson. Tried below before Hon. A. S. Walker. June 8, 1885, appellants brought suit for specific performance of a contract in writing, as follows: By this instrument of writing I bind myself to make to Nathan Halbert and David Garner, a quit claim deed to the one-half of the league of land to which I am entitled as a citizen of Texas, so soon as I myself shall obtain a title for the same. Said land to be divided equally in quantity and quality, and should I refuse to comply with this obligation I authorize any court of justice to compel me to make the title as aforesaid; and…
1Opinion of the Court
Maltbie, Judge.
This.is a suit for the specific performance of a written contract entered into on the twenty-second day of January, 1838, between W. H. McFadin, of the first part, and Haitian Halbert and David Garner, of the second part. The original petition was filed by the appellants, who are the heirs and assignees of Halbert and Garner, on the eighth day of June, 1885. Demurrers, general and special, were sustained to appellant’s original and first supplemental petitions, and also to their trial amendment. After which a trial was had on appellees’ cross bill, resulting in a verdict and…
2Cases cited5 opinions
- Martin v. RobertsTexas Supreme Court · 1882
- Gibbons v. BellTexas Supreme Court · 1876
- Reed v. WestTexas Supreme Court · 1877
- McKin v. WilliamsTexas Supreme Court · 1877
- Bell v. WarrenTexas Supreme Court · 1873
3Cited by28 opinions
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Dessommes v. DessommesCourt of Appeals of Texas · 1973
- Yeo v. YeoCourt of Appeals of Texas · 1979
- Campbell v. McFaddenCourt of Appeals of Texas · 1895
- Dockery v. ThorneCourt of Appeals of Texas · 1911
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