Emerson v. Navarro
Texas Supreme Court
Error from Bexar. ' The case was tried before Hon. Thomas J. Devine, one of the district judges. This was an action by plaintiff in error against the defendants to recover $2,000 for deficiency in a tract of land sold by B. Callahan, the ancestor of defendants, to the plaintiff. The tract was sold as a third of a league, and was found to be deficient two hundred and thirty-five acres. Defendants plead limitation of two, four, and six years.
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Error from Bexar. ' The case was tried before Hon. Thomas J. Devine, one of the district judges. This was an action by plaintiff in error against the defendants to recover $2,000 for deficiency in a tract of land sold by B. Callahan, the ancestor of defendants, to the plaintiff. The tract was sold as a third of a league, and was found to be deficient two hundred and thirty-five acres. Defendants plead limitation of two, four, and six years. The court charged the jury: “Under the defendants’ plea of the statute of limitation the presumption must be that the cause of action arose at the time of…
1Opinion of the CourtLindsay, J.
—This suit was brought by the plaintiff in *336error to recover a part of the consideration paid for a tract-of land to the defendant in error, upon the alleged ground that it was an over-payment, or, rather, a payment made under a mutual mistake by both vendor and vendee. No actual fraud is alleged, or attempted to be set up and proved.
The plaintiff received a conveyance from the defendant for one-third of a league of land, set out by metes and bounds, and paid the full consideration, according to the' contract, for that amount of land. Subsequently, however, by actual survey, it was found that…
2Cited by8 opinions
- Peoples National Bank v. MulkeyTexas Supreme Court · 1901
- Biggs v. PolingCourt of Appeals of Texas · 1939
- Martinez v. BruniCourt of Appeals of Texas · 1919
- Ely-Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1901
- Ainsfield v. MoreNebraska Supreme Court · 1890
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