30 Tex. 409 | Tex. | 1867
This was a suit brought by the appellant against the appellee, alleging that the appellee was indebted to him in the sum of $500; that on or about the 17th day of April, 1856, appellant bought from appellee the Peter’s colony head-right certificate of William B. Stephenson, Ho. 80, issued by order of the county court of Collin county; that said certificate was afterwards condemned as illegal, by a board of commissioners appointed under the act of the 4th day of February, A. D. 1858; that said certificate was wholly worthless; that he paid to the appellee the sum of $300 for said certificate, and that he has been at an expense of $200 in trying to effect a settlement with the appellee, &c.
There was a general demurrer to the petition, which was sustained by the court below. It is urged in support of the judgment on the demurrer, that the petition contains no
The petition showed a good cause of action. The judgment sustaining the demurrer was therefore erroneous, for which error it is reversed, and the cause
Remanded.