27 Tex. 523 | Tex. | 1864
The answer of the defendants in the District Court, who are the appellants in this court, manifestly presented no valid defence to the payment of. the note sued upon, or for staying the proceedings 'in this case for the purpose of making other parties. It is not pretended or averred that there is any defect in the title to the land, in consideration of which the note here in suit was given. The only matter of complaint is, that a formal deed had not been executed to the purchasers by the administrator. The distinctions between executed and executory contracts for the sale of land, are well defined and clearly established
The judgment is affirmed with damages.
Judgment affirmed.