De Cordova v. Smith's Adm'x
Texas Supreme Court
This was an action, commenced in January, 1848, upon a covenant, in the following words: Kepublto op Texas, \ This agreement, made aud entered into this tlie Gounty of Bexar, j second day of April, 1838, between J. W. Smith on tlie one part and Joseph Baker on the oilier part, witnesseth, that whereas the said Joseph Baker selected and improved a tract of land lying oil the Salado creek, whore the Gonzales road crosses said creek; and whereas tlie said tract of land has boon…
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This was an action, commenced in January, 1848, upon a covenant, in the following words: Kepublto op Texas, \ This agreement, made aud entered into this tlie Gounty of Bexar, j second day of April, 1838, between J. W. Smith on tlie one part and Joseph Baker on the oilier part, witnesseth, that whereas the said Joseph Baker selected and improved a tract of land lying oil the Salado creek, whore the Gonzales road crosses said creek; and whereas tlie said tract of land has boon located by a certificate in tho name of said Smith, as assignee of -: now it is agreed on tlie part of said Smith, and…
1Opinion of the CourtLipscomb, J.
From the terms of the covenant of John W. Smith with Joseph Baker and the circumstances which transpired between the date of its execution and the commencement of this suit can the aid of a court of equity bo invoked for a specific performance? or should the plaintiff be left to compensation in damages if any for its breach? This is tlie inquiry presented for' our consideration, and the fact that tlie land in question has been sold by tlie administrator of Smith under an order of sale made by the Probate Court, and the proceeds of that sale only, and not a conveyance of the land, is now…
2Cited by28 opinions
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- Kolachny v. GalbreathSupreme Court of Oklahoma · 1910
- Dull v. BlumTexas Supreme Court · 1887
- Gibbons v. BellTexas Supreme Court · 1876
- Browning v. PumphreyTexas Supreme Court · 1891
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