McBride v. Banguss

Citations

• 65 Tex. 174
• 1885 Tex. LEXIS 332

Syllabus

<p>1. Evidence—Charge.—In civil cases juries should ordinarily find in accordance with the preponderance of the evidence, and a charge requiring a plaintiff to produce “satisfactory evidence,” or “clear .and satisfactory evidence,” might be understood to mean a higher degree of proof than is furnished by a preponderance of the evidence, this is especially so when the language is often repeated.</p> <p>2. Special instructions.—The giving of special instructions on points covered by the general charge is not to be commended, but unless they are erroneous or ■ objectionable in form, they furnished no ground for reversal.</p> <p>3. Bond for title—Vendor’s lien—Purchase money—Technical errors — Equity — Purchaser for value.— The vendee of a tract of land paid $450 cash, leaving $800 of the purchase money unpaid, the $450 being of his wife’s separate means. The vendor made a bond for title, binding himself to make a good deed upon payment of the $800 and interest. The land was sold under execution sale in 1873 as the property of the vendee, the $800 being still unpaid It was bought by the creditor and another party for $200, that sum being credited on the execution. In 1874 the $800 with interest was paid to the vendor by the firm of M. & L., and title was made to them. Suit was brought for the land by the purchasers at sheriff’s sale. Held:</p> <p>(1) That on failure of the vendee to pay the purchase money, the vendor could rescind the contract and sell the land to'another.</p> <p>(2) That in view of the facts, the court below did not err in giving the charge, “ the proof must show that the whole of the purchase money for the land was paid with the vendee’s money, to entitle the plaintiffs to recover.”</p> <p>(3) That a judgment will not be reversed because of technical errors committed upon the trial below, if upon the pleading and evidence, no other judgment than the one rendered, could have been legally rendered. 0</p> <p>(4) Plaintiffs acquired by their purchase only