Smith v. Johnson's Adm'r
Texas Supreme Court
Error from Rusk. The petition was filed in this ease by William F. Johnson on the 30th day of November, A. D. 1846, (amended by leave of the court 14t.li November, 1848,) against James Smith and II.
Read the full summary
Error from Rusk. The petition was filed in this ease by William F. Johnson on the 30th day of November, A. D. 1846, (amended by leave of the court 14t.li November, 1848,) against James Smith and II. H. Smith, charging that by fraud and misrepresentation on the. part of the defendants he liad been induced to give and execute a conveyance of his conditional headright certificate for six hundred and forty acres of land, granted and issued to'him by the board of land commissioners for Harrison county, to H. M. Smith, and that at the same time he executed and delivered to the said defendants, II.…
1Opinion of the CourtLipscomb, J.
The first assignment cannot be sustained. It presents no ground of defense, because it presents a question that the complainant could not be called upon to take issue upon, as it shows no legal or equitable right in the defendants adverse to the title sought by the amendment to be impeached to authorize them to bring its validity in question. When called upon t.o show cause why a conveyance of the title to the certificate should not be made, it is not for them to say that they will not rescind, because the title you conveyed to us is worthless and void, and therefore we will hold on to it,…
2Cited by6 opinions
- Darden v. MathewsTexas Supreme Court · 1858
- McGregor v. ArmillSupreme Court of Iowa · 1855
- Ackermann v. AckermannCourt of Appeals of Texas · 1900
- Lopez v. GarciaCourt of Appeals of Texas · 1920
- Haby v. KoenigTexas Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.