Robinson v. Davenport

Citations

• 40 Tex. 333

Syllabus

<p>1. In a suit for specific performance of a parol contract for the conveyance of land, a petition alleging payment of the purchase money, possession of the land by the plaintiff, and valuable improvements made thereon ; and the further allegation that the defendant had refused to make title to the land in accordance with his contract; held, sufficient on general demurrer.</p> <p>2. The effect of a general demurrer is to put in question the sufficiency of the facts alleged, not the manner of stating such facts.</p> <p>3. When a charge of. the court is complained of as being too general, but which is correct as far as it goes, the attention of the court below should be called to the point, so that the omission could be corrected, if proper.</p> <p>4. The appellate court will not set aside a verdict where there is evidence to support it, and not sufficient preponderance against it to authorize this court to say the verdict is wrong, or against the law and evidence.</p> <p>5. In an action for specific performance of a parol contract for the sale of land, where the facts warrant a decree for plaintiff, the court should decree title to plaintiff with warranty and without any act to be done by the defendant-.</p> <p>6. A recital by a party in a mortgage by him executed in 1865, and recorded, disclaiming homestead rights in a certain town lot, held not to estop such party in 1869, when residing thereon, from claiming homestead rights therein against a party buying at sheriff’s sale who testified on the trial that he bought relying upon the representations in the said mortgage, the record of which he had read.</p> <p>7. See facts held not to constitute an estoppel.</p>