McBee v. Johnson
Texas Supreme Court
Error from Kaufman. Tried below before the Hon. A. J. Fowler. John Q. McBee and others brought an action of trespass to try title against Robert Johnson and Jasper Edmiston for “so much of the league and labor of land granted to W. H. McBee by the State as is located in Kaufman comity.” February 2, 1872, defendants pleaded not guilty.
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Error from Kaufman. Tried below before the Hon. A. J. Fowler. John Q. McBee and others brought an action of trespass to try title against Robert Johnson and Jasper Edmiston for “so much of the league and labor of land granted to W. H. McBee by the State as is located in Kaufman comity.” February 2, 1872, defendants pleaded not guilty. September, 1872, the defendants amended, and say “ they are in possession of and claim the following land, to wit, four hundred and six acres of land, a part of the W. H. McBee sur* vey named in plaintiff’s petition, beginning at the west corner of survey Eos. 6…
1Opinion of the Court
Gould, Associate Justice.
The subject-matter of this suit of trespass to try title, is four hundred and six acres of land, part of the W. H. McBee headlight, claimed by the appellants as the heirs of W. H. McBee, deceased, and claimed by the appellees (defendants in the District Court) under a sale by the administrator of the estate of said W. H. McBee. The validity of that sale is the main question in the case, the appellants contending that the order of sale does not “ describe the property to be sold and specify the terms of sale,” as required by the statute then in force, (Paschal’s Dig.,…
2Cases cited2 opinions
- Henry S. Sypert v. McCowen’s Executors Et Al.Texas Supreme Court · 1866
- Bartlett's Heirs v. CockeTexas Supreme Court · 1855
3Cited by5 opinions
- Ryan v. FergussonWashington Supreme Court · 1891
- Holman v. Houston Oil Co.Court of Appeals of Texas · 1915
- Wilkin v. SimmonsCourt of Appeals of Texas · 1912
- Hendricks v. HuffmeyerCourt of Appeals of Texas · 1896
- Irwin v. TollettCourt of Appeals of Texas · 1954