Haralson v. Langford
Texas Supreme Court
Appeal from Montague. Tried below before the Hon. P. E. Finer. This was a suit to foreclose a vendor’s lien on certain land in the possession of defendant, and the case turned upon the sufficiency of defendant’s answer. The petition alleged sale of the land by plaintiffs to defendant; that they conveyed it to him by deed, and that he executed the notes sued on in consideration thereof. It also admitted payment of $210 on the notes.
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Appeal from Montague. Tried below before the Hon. P. E. Finer. This was a suit to foreclose a vendor’s lien on certain land in the possession of defendant, and the case turned upon the sufficiency of defendant’s answer. The petition alleged sale of the land by plaintiffs to defendant; that they conveyed it to him by deed, and that he executed the notes sued on in consideration thereof. It also admitted payment of $210 on the notes. Besides the general denial, defendant answered specially, alleging that he bought the land for a cash payment and the two notes sued on. That when he bought,…
1Opinion of the Court
Willie, Chief Justice.
It is not directly averred in the pleadings that Langford warranted the title to the land he sold to Haralson, but both parties treat the deed as containing a clause of warranty. Being an executed contract, Haralson could not remain in possession of the land, and successfully defend against a suit for the purchase money without establishing, beyond doubt, that the title was a failure in whole or in part; that there was danger of eviction, and also such circumstances as would, prima facie, repel the presumption that at the time of the purchase he knew and intended to [run…
2Cases cited5 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Brock v. SouthwickTexas Supreme Court · 1853
- Johnson v. LongTexas Supreme Court · 1863
- Shipman v. AlleeTexas Supreme Court · 1867
- Woodward v. RodgersTexas Supreme Court · 1857
3Cited by20 opinions
- Herron v. HarbourSupreme Court of Oklahoma · 1916
- Blewitt v. GreeneCourt of Appeals of Texas · 1909
- Hurst v. KnightCourt of Appeals of Texas · 1914
- Dunn v. MillsSupreme Court of Kansas · 1905
- Hill v. ProvineCourt of Appeals of Texas · 1924
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