Robinson v. McDonald's Widow
Texas Supreme Court
Appeal from Walker. This is a suit to compel specific performance of a contract for the sale of land. The plaintiff, B. W. Robinson, in his petition, alleges that Wm.
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Appeal from Walker. This is a suit to compel specific performance of a contract for the sale of land. The plaintiff, B. W. Robinson, in his petition, alleges that Wm. McDonald, in his life time, on the 19th day of November, 1851, executed his bond to convey title to the petitioner, of a certain tract of land lying in Walker county, more fully described in a deed from James W. Spillers to Einetta McDonald; conveyance to be made within two years from the date of the bond ; and that the petitioner had paid to the said McDonald a full consideration for the said land; that McDonald, in 1852,…
1Opinion of the Court
Hemphill, Ch. J.
The defendants in error urge that the bond constituted a money demand against the estate, and redress for its breach should have been sought in the Probate, and not in the District Court. The plaintiff contends that he was entitled to relief in the District Court, and should have had a decree for a moiety of the land, with damages for the value of the other moiety or that damages for the whole should have been allowed. That the plaintiff is entitled to all the interest which the deceased vendor had in the land, or could have legally or equitably claimed, is not to be…
2Cited by24 opinions
- Clements v. LacyTexas Supreme Court · 1879
- Thomas v. Southwestern Settlement & Development Co.Texas Supreme Court · 1939
- Arnold v. CaubleTexas Supreme Court · 1878
- Johnson v. HarrisonTexas Supreme Court · 1877
- Whitmire v. PowellTexas Supreme Court · 1910
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