The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 58

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 58

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...the property, the condition of the estate or the amount of the debts, if any. As to the value of the property, there is one circumstance that might be considered as an approximation; the bond of the administratrix was fixed by the court at $120,000. Thus, unaided by any extraneous considerations, we conclude from a fair and reasonable construction of the_ language, in connection with the subject matter of the trust, that the trustee was not authorized to sell and convey the land for the purpose of reinvesting the proceeds with a view of securing an income. The conclusion reached is that the judgment ought to be reversed 1. LANDLORD AND TENANT.---There was no such privity between a. landlord and the sub-tenant, arising merely from that relation, as would subject the sub-tenant to liability for the debt of the tenant from whom he has leased, to the landlord, there being neither privity of contract or of estate between them. Pasch. Dig., arts. 5027, 5028. 2. SAME---PLEADING.---The pleading of a landlord who sought to justify his seizure of the crop of a sub-tenant under a distress warrant issued under the statute in __'.i force in 1873, alleged an agreement that all the crops raised by the sub-tenant should be held subject to the payment of the landlord's rent; but they failed to state with what party the sub-tenant had such agreement. Held. (1) That under the rule which re-quires a plea to be construed most strictly against the pleader. the agreement will be regarded us having been made between the tenant and sub-tenant, and not with the landlord. APPEAL from Freestone. Tried below before the Hon. W. D. Wood. Suit by W. G. Mullican against D. A. Self, during his life-time, on the 17th (lay of November, 1873, to recover damages for more

Product details

  • Paperback | 364 pages
  • 189 x 246 x 19mm | 649g
  • United States
  • English
  • black & white illustrations
  • 1236961889
  • 9781236961884