Earley v. Sterrett
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Sait by appellee against appellants, commenced April 8th, 1840, for a specific performance of a bond for title, as follows : -of the county of Washington, are held and firmly bound unto John N. Wilson, of the said county in the penal sum -of one thousand dollars, good and lawful money of the Republic of Texas, to be paid to the said John N. Wilson, his heirs, attorneys, executors, administrators or assigns…
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Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Sait by appellee against appellants, commenced April 8th, 1840, for a specific performance of a bond for title, as follows : -of the county of Washington, are held and firmly bound unto John N. Wilson, of the said county in the penal sum -of one thousand dollars, good and lawful money of the Republic of Texas, to be paid to the said John N. Wilson, his heirs, attorneys, executors, administrators or assigns ; to which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, each and every…
1Opinion of the CourtWheeler, J.
The objection to the judgment, that the evidence does not sustain the plaintiff’s right to recover the particular land sued for, is not tenable. The supposed uncertainty arises from the mistake and discrepancy in the bond and deed under which the plaintiff claims, respecting the original grantee of the land. But both instruments contain other matter of description sufficient to render it perfectly certain what land was really intended to be conveyed. There can be no difficulty or doubt respecting the identity of the land. The misdescription in the particular indicated, therefore, is not…
2Cited by7 opinions
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Wilson v. SimpsonTexas Supreme Court · 1887
- Rucker v. DaileyTexas Supreme Court · 1886
- Payne v. RossCourt of Appeals of Texas · 1895
- Echols v. Jacobs Mercantile Co.Court of Appeals of Texas · 1905
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