Doughty v. Cottraux
Court of Appeals of Texas
Appeal from Aransas. Tried below before Hon. S. F. Gimmes. 1. When a purchaser of land holds under a deed with a warranty, he can not resist the payment of the purchase money for defects in his title, unless he shows with reasonable certainty that the title has failed either in whole or in part, and that he has been evicted; and if no eviction has occurred, then that he is liable to eviction by a superior outstanding title of which he had no notice at the time of his…
Read the full summary
Appeal from Aransas. Tried below before Hon. S. F. Gimmes. 1. When a purchaser of land holds under a deed with a warranty, he can not resist the payment of the purchase money for defects in his title, unless he shows with reasonable certainty that the title has failed either in whole or in part, and that he has been evicted; and if no eviction has occurred, then that he is liable to eviction by a superior outstanding title of which he had no notice at the time of his purchase. Price v. Blount, 41 Texas, 472; Norris v. Ennis, 60 Texas, 84; Demarrett v. Bennett, 29 Texas, 267; Brock v.…
1Opinion of the Court
WILLIAMS, Associate Justice.
Suit by appellants as heirs of J. M. Doughty, deceased, upon notes given by defendant Cottraux for part of tbe purchase money of land bought by him from Doughty and subsequently conveyed by Cottraux to tbe other defendants, they indorsing tbe notes and becoming liable for tbe debt. Tbe defendants pleaded that J. M. Doughty, Sr., bad sold to Cottraux, in addition to bis own interest in tbe land, an undivided one-fourteenth which belonged to bis minor son, J. M. Doughty, Jr., and bad undertaken to institute at tbe next ensuing term of tbe court, or as soou as…
2Cases cited1 opinion
- Specht v. CollinsTexas Supreme Court · 1891
3Cited by1 opinion
- Stephenson v. ChappellCourt of Appeals of Texas · 1896