[DOWNLOAD] "Nelson B. Guyer v. Ted Rose" by Dallas Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free

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eBook details

• Title: Nelson B. Guyer v. Ted Rose
• Author : Dallas Court of Civil Appeals of Texas
• Release Date : January 05, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Ted Rose, the purchaser in a contract for sale of a residence, sued Nelson Guyer, the seller, for specific performance and obtained a temporary injunction restraining Guyer from prosecuting a forcible detainer suit pending trial of the suit for specific performance. Guyer appeals on the ground that the district court had no jurisdiction to restrain the forcible detainer suit because no question of title was raised in that suit. We hold that the purchasers right to possession of the property depended not on his compliance with the terms of a lease, but on his compliance with the terms of a sale and this was a question concerning the title to the property, which could not be finally decided in the justice court. Consequently, we hold that the district court properly restrained the seller from prosecuting the forcible detainer suit.

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