Holman v. Criswell
Texas Supreme Court
Appeal from Fayette. This was a suit for specific performance, commenced August 23rd, 1852. The appellee, who was plaintiff below, alleged that J. B. Alexander, in his lifetime, on the 30th day of December, 1840, executed to one Horatio Griffith, his bond for title to two hundred and twenty acres of land ; that the said Horatio Griffith on or about the 18th February, 1847, assigned his interest in the said bond, and the land therein to be conveyed, to one Michael B.…
Read the full summary
Appeal from Fayette. This was a suit for specific performance, commenced August 23rd, 1852. The appellee, who was plaintiff below, alleged that J. B. Alexander, in his lifetime, on the 30th day of December, 1840, executed to one Horatio Griffith, his bond for title to two hundred and twenty acres of land ; that the said Horatio Griffith on or about the 18th February, 1847, assigned his interest in the said bond, and the land therein to be conveyed, to one Michael B. Griffith, who after-wards, in 1849, assigned said bond to petitioner. A copy of the bond and assignment was made a part of the…
1Opinion of the Court
Hemphill, Ch. J.
This cause was at a previous Term before this Court, and for the error of overruling the demurrer to the petition, the judgment was reversed and the cause remanded. (13 Tex. 38.) On a second trial, judgment was again for the plaintiffs, and the cause is again brought up with an assignment of various errors, some of which are argued and some submitted to the Court without argument.
The first assignment charges error in overruling the demurrer to the petition. The objection to the original petition was no averment of breach of the conditions of the bond, and up*397on this ground, as…
2Cases cited1 opinion
- Holman v. CriswellTexas Supreme Court · 1854
3Cited by12 opinions
- Luco v. De ToroCalifornia Supreme Court · 1891
- Frederick L. v. WillisTexas Supreme Court · 1882
- Brooks v. State, Texas Court of Appeals, 14th District (Houston)1996
- Wilson v. BeatyCourt of Appeals of Texas · 1919
- Yancy v. BatteTexas Supreme Court · 1877
7 more not listed; retrieve them via the Exa API.