24 Tex. 181
Decided July 1, 1859
Texas Supreme Court · decided 1859-07-01
Tried below before the Hon. Nat. M. Burford. This was a suit brought by E. J. De Bard against W. It. Herron, on two promissory notes, given for the purchase-money of certain lots in the town of Tellico, sold by the plaintiff to the defendant, which were then conveyed by deed, with a warranty of the title.
Decided 1859-07-01
¶1The plea of failure of consideration, is defective, in not stating that the vendee, at the time of the purchase, and the execution of the deed, had no notice of the alleged incumbrance and outstanding title. (Cooper v. Singleton, 19 Texas Rep. 266.) The court did not err in sustaining the exception to the plea.
¶2Judgment affirmed.