Wells v. Burts
Court of Appeals of Texas
Suit by M. C. Wells and her husband, J. M. Wells, filed September 26, 1889, to recover from defendant, James H. Burts, part of lot 1 in block 13, in the town of Lockhart. In addition to the usual allegations in trespass to try title, plaintiffs allege that defendant is setting up some sort of right to the land as owner of the title of one J. H. Foreman and D. or E. Foreman; that the Foremans acquired their rights from one Gr.
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Suit by M. C. Wells and her husband, J. M. Wells, filed September 26, 1889, to recover from defendant, James H. Burts, part of lot 1 in block 13, in the town of Lockhart. In addition to the usual allegations in trespass to try title, plaintiffs allege that defendant is setting up some sort of right to the land as owner of the title of one J. H. Foreman and D. or E. Foreman; that the Foremans acquired their rights from one Gr. W. Miller; that Miller was rightfully in possession of the land as a mortgagee; but plaintiffs say that if Miller ever acquired any rights in the land, they have been…
1Opinion of the Court
COLLARD, Associate Justice.
The principal assignment of error insisted on by appellants assails the judgment of the lower court, because it involves the conclusion, that Whitis executed a deed to Miller in pursuance of the deed of trust giving him such power.
Our opinion is that the evidence warrants the conclusion.
Miller had possession and control of the property, claimed it, and exercised acts of ownership over it from about the time of the maturity of the trust deed until his sale to Emily Foreman, and that claim from the same source has been continuously asserted by those who succeeded to…
2Cases cited9 opinions
- Garner v. LaskerTexas Supreme Court · 1888
- Manchaca v. FieldTexas Supreme Court · 1884
- Dailey v. StarrTexas Supreme Court · 1863
- Melton v. CobbTexas Supreme Court · 1858
- Lindsay v. JaffrayTexas Supreme Court · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Walker v. PittmanCourt of Appeals of Texas · 1898
- Hutcheson v. MassieCourt of Appeals of Texas · 1911
- Byrd v. TaylorCourt of Appeals of Texas · 1931
- Humphreys v. GreenCourt of Appeals of Texas · 1925
- Reed v. Magnolia Petroleum Co.Court of Appeals of Texas · 1933
3 more not listed; retrieve them via the Exa API.