Carson v. Kelley & Sweatt

Citations

• 57 Tex. 379
• 1882 Tex. LEXIS 152

Syllabus

<p>1. Vendor and vendee—Answer.—A vendee holding under an absolute deed with general warranty, and seeking to defend a suit for the purchase money on the ground of failure of title to a part of the land, must aver in his answer that he was ignorant of the defect in his title at the time of the purchase.</p> <p>2. Same — Insolvency.— An allegation in defendant’s answer that he fears the vendor would be unable to respond in damages upon his warranty, for he knows of no property of the vendor subject to execution, is not a sufficient averment of insolvency.</p> <p>3. Same—Fraud.—Nor does an answer sufficiently allege fraud when it does not allege that the representations were made with intent to deceive, nor that the defendant was misled or deceived by them.</p>