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62 Tex. 489

Taylor v. Carter

Texas Supreme Court

Decided November 28, 1884

Texas Supreme Court · decided 1884-11-28

Error from Van Zandt. Tried below before the Hon. Felix J. McCord. This suit was brought by appellee Carter against appellant Taylor on three notes for $250 each, due in one, two and three years, respectively, alleged to have been executed by Taylor as part purchase money for ninety-two and one-half acres of land situated in VanZandt county. Taylor filed a general demurrer, special exceptions and general denial.

Cited by 1 later decisions — most recently March 1924

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1884-11-28

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West, Associate Justice.

¶1A number of errors were assigned,, but at the last all of them are abandoned or waived except those bringing in question the correctness of the final decree, by reason of an alleged material variance between the locus in quo, as set out in the pleadings of defendant in error, and as described in the final decree of foreclosure.

¶2We have given very careful consideration to this ground of error, *490and are of the opinion that the variance is not so material as to require either the reversal or the reformation of the judgment. The third line of the survey is given in the pleadings as one hundred and forty varas in length; in the judgment the distance is called one hundred varas, but both of them call for the same point or corner, and that a well known corner.

[Opinion delivered November 28, 1884.]

¶3Another line of the tract in the pleadings is said to be seven hundred and three varas in length; in the decree it is said to be seven hundred and eighty-three varas long. Both lines, however, call to terminate at the same corner, and that a well known and permanently established corner.

¶4There is no difference in the views herein expressed and those contained in Throckmorton v. Davenport, 55 Tex., 236.

¶5In the last named case the variance between the pleadings and the final judgment was very material indeed. In fact, the judgment described a different tract of land, and located it in a different place from that described in the pleadings. Such is not the case here. The judgment of the district court is affirmed.

¶6Affirmed.

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