Ranney v. Miller
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. William H. Stewart. Miller brought this suit on the 21st of February, 1878, in the District Court of Galveston county, against Malvina Banney, in the ordinary form of an action of trespass to try title, to recover possession of the north half of the northeast quarter of the northeast block of out-lot 93, and improvements thereon, claiming title to and possession of the same on the 5th day of December, 1877, when defendant…
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Appeal from Galveston. Tried below before the Hon. William H. Stewart. Miller brought this suit on the 21st of February, 1878, in the District Court of Galveston county, against Malvina Banney, in the ordinary form of an action of trespass to try title, to recover possession of the north half of the northeast quarter of the northeast block of out-lot 93, and improvements thereon, claiming title to and possession of the same on the 5th day of December, 1877, when defendant entered. April 4, 1878, defendant below pleaded not guilty. Plaintiff, on the 19th of July, 1878, filed notice under the…
1Opinion of the Court
Gould, Associate Justice.
The facts alleged in Miller’s supplemental petition were sufficient to estop R. H. Ranney, or any one claiming under or in privity of estate with him, from denying, as against Miller, the validity of Livingston’s title or of the powers of attorney from Livingston to R. H. Ranney.
2. Mrs. Ranney’s community interest in the lots was held in privity of estate with her husband’s community interest, and the title of the community being controlled by her husband, she also was estopped in like manner with her husband, in so far. as her claim was of a mere community interest.…
2Cases cited2 opinions
- Griswold v. . HavenNew York Court of Appeals · 1862
- Eckhardt v. SchlechtTexas Supreme Court · 1867
3Cited by17 opinions
- Ramirez v. SmithTexas Supreme Court · 1900
- Alstin v. CundiffTexas Supreme Court · 1880
- National Bond & Mortgage Corp. v. DavisTexas Commission of Appeals · 1933
- Rice v. RigleyIdaho Supreme Court · 1900
- Morrow v. MatthewIdaho Supreme Court · 1904
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