Tooke v. Bonds
Texas Supreme Court
Error from Colorado. The case was tried before Hon. Benjamin Shropshire, one of the district judges. This suit was brought by Bonds, defendant in error, against Tooke and Glenn, plaintiffs in error in the court below, on the 22d March, 1866, for the alleged balance due on their promissory note, described in the statement of facts, and to enforce the vendor’s lien on certain lands described in the petition.
Read the full summary
Error from Colorado. The case was tried before Hon. Benjamin Shropshire, one of the district judges. This suit was brought by Bonds, defendant in error, against Tooke and Glenn, plaintiffs in error in the court below, on the 22d March, 1866, for the alleged balance due on their promissory note, described in the statement of facts, and to enforce the vendor’s lien on certain lands described in the petition. The defendants, Tooke and Glenn, plead as follows to said suit: 1st. Payment in full of the note sued on. 2d. That the note sued on was given in part payment of the lands described in the…
1Opinion of the CourtMoore, C. J.
The exception to the answer, alleging that a claim of title to the land, in consideration of which the note on which this suit is brought was given, as set up by appellee’s wife, was properly sustained. The insufficiency of this answer is much too plain and obvious for serious argument. Essential averments, as it has been held by often repeated decisions of this court, are wanting to sustain the answer, even if the appellants, instead of holding by deed, were in possession of the land for which the note was given under an executory contract for title. *425(Herron v. DeBard, 24 Tex., 181; Luckie…
2Cases cited10 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Moreland v. AtchisonTexas Supreme Court · 1857
- Brock v. SouthwickTexas Supreme Court · 1853
- Brock v. JonesTexas Supreme Court · 1856
- Hurt v. McReynoldsTexas Supreme Court · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Stahl Petroleum Co. v. Phillips Petroleum Co.Court of Appeals of Texas · 1977
- Smith v. BondIllinois Supreme Court · 1924
- Ohio Savings Bank & Trust Co. v. Willys CorporationCourt of Appeals for the Second Circuit · 1925
- Odle v. Frost, Barry & LeeTexas Supreme Court · 1883
- Community Savings and Loan Association v. FisherTexas Supreme Court · 1966
15 more not listed; retrieve them via the Exa API.