Waggoner v. Flack
Supreme Court of the United States
ERROR TO THE COURT OF CIVIL APPEALS FOR THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. The plaintiff in error brought his action against the defendant in error in a District Court of Texas to recover as owner certain land described in his petition, and of which he alleged the defendant to be in possession. The defendant denied the averments of the petition, and upon the trial judgment was given in his favor and he was adjudged to be the owner of the land.
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ERROR TO THE COURT OF CIVIL APPEALS FOR THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. The plaintiff in error brought his action against the defendant in error in a District Court of Texas to recover as owner certain land described in his petition, and of which he alleged the defendant to be in possession. The defendant denied the averments of the petition, and upon the trial judgment was given in his favor and he was adjudged to be the owner of the land. An appeal was taken to the Court of Civil Appeals of Texas, where' the judgment was affirmed, 21 Tex. Civ. App. 449, and upon…
1Opinion of the CourtJustice Pkckham
Eeferring to the facts in this case, it is seen that the question arising is as to the right of the State to proceed under the act of 1897 to forfeit the lands held by the plaintiff in error for non-payment of interest.
At the time when the land was purchased by Phillips in November, 1885, the act of 1883 as amended .by the act of February 16, 1885, was in force, excepting, it is said, that the act of February 23, 1885, repealed the provisions in regard to forfeiture which existed in the prior acts of 1879,1883 and 1885, so that when Phillips purchased, the State had no. right to forfeit the…
2Cases cited5 opinions
- Fristoe v. Leon & H. BlumTexas Supreme Court · 1898
- Culbertson v. BlanchardTexas Supreme Court · 1891
- Wilson v. StandeferSupreme Court of the United States · 1902
- Anderson v. Waco State BankTexas Supreme Court · 1894
- Berrendo Stock Co. v. McCartyTexas Supreme Court · 1893
3Cited by24 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- City of El Paso v. SimmonsSupreme Court of the United States · 1965
- Funkhouser v. J. B. Preston Co.Supreme Court of the United States · 1933
- Colby v. City of MedfordOregon Supreme Court · 1917
- Mahood v. Bessemer Properties IncorporatedSupreme Court of Florida · 1944
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