Horton v. Hamilton
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. Thomas J. Devine. Action of trespass to try title to certain land, commenced March 18th, 1853, by Morgan G. Hamilton against Oscar Frederick. Spring Term, 1853, Albert C. Horton was made a defendant by agreement, and cause continued. Answer by Horton, claiming to be the real owner of the land sued for, and landlord of defendant Frederick, and alleging the particulars of Ms title.
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Appeal from Guadalupe. Tried below before the Hon. Thomas J. Devine. Action of trespass to try title to certain land, commenced March 18th, 1853, by Morgan G. Hamilton against Oscar Frederick. Spring Term, 1853, Albert C. Horton was made a defendant by agreement, and cause continued. Answer by Horton, claiming to be the real owner of the land sued for, and landlord of defendant Frederick, and alleging the particulars of Ms title. Replication of former judgment, alleging the particulars. Rejoinder, that defendant was not barred or precluded from his defence, pleaded by him as aforesaid, by…
1Opinion of the CourtWheeler, J.
The principal question upon, which the case was decided in the Court below, and the question upon which its decision in this Court depends, is as to the effect of the former judgment, pleaded by the plaintiff in bar of the defendant’s right. That judgment was rendered in a proceeding upon an application by Horton to the District Court of Travis county for a peremptory mandamus to the Surveyor to survey the land for him. The Surveyor controverted the right of the plaintiff to require him to make the survey ; and one of the grounds of objection was that there had been a previous survey of the…
2Cited by15 opinions
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