Crayton v. Munger
Texas Supreme Court
Appeal from Caldwell. This suit was instituted in the court below by the appellee against the appellants to recover the amount of a note executed by them for the purchase-money of a half league of land, bought by Crayton at a sale made by the appellee as administrator of Pettus, and to foreclose the mortgage executed by Crayton to secure the payment of the same.
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Appeal from Caldwell. This suit was instituted in the court below by the appellee against the appellants to recover the amount of a note executed by them for the purchase-money of a half league of land, bought by Crayton at a sale made by the appellee as administrator of Pettus, and to foreclose the mortgage executed by Crayton to secure the payment of the same. To the original answer of the appellants the appellee excepted, and his exception was sustained by the court, giving the appellants (the defendants below) leave to answer over. The parties, Thompson and McGehee, filed an answer…
1Opinion of the CourtWheelee, J.
The material question to he determined is upon the legal sufficiency of the answer.
It is only necessary to notice so much of the answer as respects the sufficiency of the averments contained in it to entitle the defendant to a rescission of the contract it discloses. Its averments arc, in substance, that i he consideration of the note sued on was a half league of land sold the defendant by the plaintiff as administrator of William Pettus, deceased; that the plaintiff had no title to the land, either at the date of the sale, on the 5th day of August, 1S51, or of the conveyance, on the 2Sth of…
2Cited by20 opinions
- Wooldridge v. HancockTexas Supreme Court · 1888
- Steed v. PettyTexas Supreme Court · 1886
- Bearden v. Texas Co.Court of Appeals of Texas · 1931
- Roberts v. TiptonCourt of Appeals of Texas · 1978
- Holliman v. SmithTexas Supreme Court · 1873
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