Emerson v. Navarro
Citations
- 31 Tex. 334
Syllabus
<p>Mistakes, as well as frauds, are of equitable jurisdiction.</p> <p>Mistakes of law are always relievable in a court of equity.</p> <p>Where a party sold a third of a league survey, both parties believing that the survey contained that quantity, but the survey lapped upon an older title, so that there was a failure of title for over two hundred acres, the vendee had the right to recover back the purchase-money in proportion to the loss.</p> <p>Where there was a mistake as to the quantity of land sold, unmixed with any ingredient of fraud, the statute of limitation did not commence to run until the discovery of the mistake, and the suit was well brought upon the warranty within four years after the discovery of the mistake. (Paschal’s Dig., Art. 4604, Note 1017.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring the grant of a new trial on the basis of newly discovered evidence “when the defendant establishes the following: 1
- reversing denial of motion for new trial where newly discovered evidence consisted of three inmates who testified that another inmate confessed to the crimes where eyewitness identification was crucial to the defendant’s guilt
Source: CourtListener parenthetical corpus (CC0).
Judges: Lindsay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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