Faubion v. Rogers
Texas Supreme Court
Appeal from Milam. Tried below before the Hon. W. E. Collard. This was a suit by Faubion against Rogers on a breach of covenant of warranty of title to 245 acres of land out of the Gafford league in Milam county. On July 25, 1857, B. R. Thompson executed to Perkins & Phillips a bond for title to 1063 acres of land out of the league, conditioned to make them title on the payment of their notes for the purchase money.
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Appeal from Milam. Tried below before the Hon. W. E. Collard. This was a suit by Faubion against Rogers on a breach of covenant of warranty of title to 245 acres of land out of the Gafford league in Milam county. On July 25, 1857, B. R. Thompson executed to Perkins & Phillips a bond for title to 1063 acres of land out of the league, conditioned to make them title on the payment of their notes for the purchase money. Perkins & Phillips took possession, and, on October 4, 1859, executed to Faubion their bond for title to 263 acres of the 1063 acre tract, conditioned to make him title on payment…
1Opinion of the Court
Willie, Chief Justice.
In the view we take of this case, it will not be necessary to consider the various questions raised in the briefs of counsel. From the abstract of the petition in the case of Thompson v. Perkins, Phillips and Faubion, found in the statement of facts, it appears that the sole object of that suit was to foreclose a vendor’s lien on 1063 acres of land sold by Thompson to Perkins & Phillips. Faubion was made a party, according to the allegations of the petition, because he was an encumbrancer upon the land; but it is apparent from such portions of the record in that cause as…
2Cases cited5 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Sage v. Central RailroadSupreme Court of the United States · 1879
- Whitman v. J. P. Willis & Bro.Texas Supreme Court · 1879
- Croghan v. MinorCalifornia Supreme Court · 1878
- Pelton v. FarminWisconsin Supreme Court · 1864
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- Loyd W. Richardson Construction Corp. v. Corpus Christi State National BankCourt of Appeals of Texas · 1974
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