Legal Opinion

Hardin v. Abbey

Texas Supreme Court

Decided November 22, 1881No. Case No. 1095PublishedCited by 9 opinions

Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Suit in September, 1880, by Mrs. N. L. Abbey, joined by some of the heirs of her deceased husband) against B. E. Hardin, E. P. Anderson and others, seeking to recover one thousand three hundred and sixty-eight acres of land, or in the alternative, specific performance of an agreement to convey three hundred and sixty-eight acres of the one thousand three hundred and sixty-eight.

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Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Suit in September, 1880, by Mrs. N. L. Abbey, joined by some of the heirs of her deceased husband) against B. E. Hardin, E. P. Anderson and others, seeking to recover one thousand three hundred and sixty-eight acres of land, or in the alternative, specific performance of an agreement to convey three hundred and sixty-eight acres of the one thousand three hundred and sixty-eight. The petition sets out a power of attorney from Mrs.. Abb'ey to Jack Davis, dated April 17, 1875, empowering him “ to bargain, sell and convey on such…

1Opinion of the Court

Bonner, Associate Justice.

The first assigned error — that the court erred in overruling the general and special demurrers of appellant Hardin — is not well taken in fact, as the record fails to show any judgment of the court thereon.

The second and fourth assigned errors are not insisted upon in the brief of counsel and will be considered as waived.

The third and remaining error is as follows: “ The court erred in rendering judgment against defendant Haney B. Hardin and in favor of piaintiffs.”

The objection is made to this assignment that it fails to point out the particulars wherein the…

2Cases cited2 opinions

  1. Lumpkin v. MurrellTexas Supreme Court · 1876
  2. Hunt v. ReillyTexas Supreme Court · 1878

3Cited by9 opinions

  1. Texas & Pacific Coal Co. v. LawsonTexas Supreme Court · 1896
  2. Douglass v. DuncanTexas Supreme Court · 1886
  3. Western Union Life Co. of Houston v. EnsmingerCourt of Appeals of Texas · 1937
  4. Vuilleumier v. Oregon Water Power & R. Co.Oregon Supreme Court · 1909
  5. Garza v. De LeonCourt of Appeals of Texas · 1946

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