Reports of Cases Argued and Decided in the Supreme Court of the State of Texas Volume 21 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 Excerpt: ...purchase money, and having, under the agrement, taken possession, which was continued for some time, making improvements, we are of opinion that he made out such a case as entitles him to the specific relief sought, and that the judgment below must be affirmed. For authorities that possession is part performance, see 2 Story'3 Eq., Sec. 761; 4 Kent, 461; Sugden on. Taylor v. Harris. Vendors, 2D0-1; 1 Fonblanque, 175; 1 Swanston, 172; 9 N. Hampshire, 386; Pugh v. Good, 3 Watts & Serg. 56. There was sufficient evidence of the facts without reference to the testimony of Overton, to which objection was made. Judgment affirmed. Ann E. Taylor V. Emsley Harris. A plea to a scire facias to revive a judgment, that at the time of its rendition the defendant was a married woman, and that her husband did not consent to the arbitration, upon the award in which the judgment was founded, held not sufficient. A plea of this nature, in a proceeding of this kind, should have stated, in the shape of a cross action, all such facts as were necessary to show affirmatively, that the judgment should not have been rendered against her. The rule, that in an action on a judgment no defence can be admitted which existed prior to the judgment, relates to such matters as would render the judgment defective, erroneous, or voidable, but not to such as would render the judgment absolutely void. The object of a scire facias, to revive a judgment for money, is to procure the process of execution. The facts stated, to-wit: her coverture and the want of her husband's consent, would under some circumstances be sufficient, under others not. Error from Lamar. Tried below before Hon. W. S. Todd. Suit by scire facias to revive a judgment rendered upon an award by arbitrators. The plaintiff in er..