Rodgers v. Daily

Citations

• 46 Tex. 578

Syllabus

<p>1. Vendor and vendee—Pre-emption.—One who has entered upon the vacant public domain, as a purchaser from another who assumed to have title, may, on discovering that the land is vacant, repudiate the executory contract for its purchase, without quitting possession, resist the payment of the notes given for the purchase-money, and while in possession, if entitled to pre-empt land, may take steps to secure it as a purchaser.</p> <p>2. Description, uncertainty op—Failure of consideration.— A bond for title was executed to three hundred and seventeen acres of land, described as “the same upon which he (the purchaser) now resides,” and being further described as a part of the O. M. Vinton league. It was afterwards ascertained that neither the house or improvement of the purchaser were on the Vinton league. In' a suit by the vendor to collect the purchase-money: Reid, There being no other description by which the uncertainty could be remedied, and the shape or locality of the three hundred and seventeen acres ascertained, the collection of the purchase-money note could not be enforced on account of failure of consideration.</p>