Stillman v. Canales

Citations

• 39 Tex. 406

Syllabus

<p>1. A covenant in an executory contract for the sale of lands as follows : “ It is, however, distinctly understood that said Canales grants and conveys herein to the said parties of the second part the before described lands only to the extent of the interest by the Hon. Ayuntamiento passed or granted,” does not call for paper Miles, but only such title as was granted by the Ayuntamiento, which may have been by parol.</p> <p>2. A plea impeaching in part the consideration of an obligation to convey land should show and point out the particular part to which title has failed, and its proportional value.</p> <p>8. The necessary affidavit to a plea impeaching the consideration of a contract, if made by an attorney, should be made upon his knowledge of the facts ; or if from information, must state from whom he derives his knowledge, and he must state the plea to be true.</p>