Mitchell v. Schofield
Texas Supreme Court
Error from the Court of Civil Appeals, Fifth District, in an appeal from Dallas County. Louisa L. Mitchell and others sued J. D. Schofield and another for the recover)' of land. Defendants had judgment which was affirmed on appeal by plaintiffs, who thereupon obtained writ of error. Plaintiffs were the heirs of Sallie Lytle, first wife of Geo. Lytle, Sr., the land had not been conveyed to either; but in a suit by the Gulf, Colorado & Santa Ee Railway Company against Geo.
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Error from the Court of Civil Appeals, Fifth District, in an appeal from Dallas County. Louisa L. Mitchell and others sued J. D. Schofield and another for the recover)' of land. Defendants had judgment which was affirmed on appeal by plaintiffs, who thereupon obtained writ of error. Plaintiffs were the heirs of Sallie Lytle, first wife of Geo. Lytle, Sr., the land had not been conveyed to either; but in a suit by the Gulf, Colorado & Santa Ee Railway Company against Geo. Lytle, Sr., during the lifetime of Sallie, he had judgment quieting his title thereto, apparently on plea of title by…
1Opinion of the CourtChief Justice Browh
George Lytle, Sr., and his wife, Sallie, acquired title to the land in controversy, which was established in the District Court of Dallas County on October 19, 1895, by judgment in favor of said Lytle against the Gulf, Colorado & Santa Fe Railway in a suit instituted by the railway against Lytle. Sallie Lytle died in 1895, leaving plaintiffs and others, her children, surviving her. It does not appear that the name of Sallie Lytle was in the judgment, or appeared in any manner in connection with the title to the land.
After the death of the first wife, George Lytle married Annie Lytle, who was…
2Cases cited3 opinions
- Patty v. MiddletonTexas Supreme Court · 1891
- Edwards v. BrownTexas Supreme Court · 1887
- Hill v. MooreTexas Supreme Court · 1884
3Cited by36 opinions
- Simonds v. Stanolind Oil & Gas Co.Texas Supreme Court · 1938
- Strong v. StrongTexas Supreme Court · 1936
- Huling v. MooreCourt of Appeals of Texas · 1917
- Houston Oil Co. v. ChoateTexas Commission of Appeals · 1921
- Moran v. AdlerTexas Supreme Court · 1978
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