Hammers v. Hanrick

Citations

• 69 Tex. 412
• 7 S.W. 345
• 1887 Tex. LEXIS 843

Syllabus

<p>1. Purchaser — Executory Contract. — Against a plaintiff suing for possession a purchaser under him on an executory contract for non payment of purchase money (the purchaser being in possession when the contract was made), the fact that the purchase was induced by the false representations of the plaintiff that he was the only heir of the former owner in whom title was vested, when in fact there were other heire from whom defendant purchased to protect bis possession, presents a proper defense. Jn such a case the defendant may retain possession and defeat a recovery, except as to the interest of his vendor.</p> <p>3. Injunction. — After judgment in the district court and notice of appeal, an injunction to restrain further-proceedings by appellant, until the determination of another suit to which appellant is not a party, will not lie.</p>