Bonner v. Wiggins
Texas Supreme Court
Appeal from. Cherokee. Tried below before the Hon. E. S. Walker. This was a suit by James M. Wiggins against M. H. & F. W. Bonner, in trespass, for removing certain rails from a tract of land claimed by Wiggins.
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Appeal from. Cherokee. Tried below before the Hon. E. S. Walker. This was a suit by James M. Wiggins against M. H. & F. W. Bonner, in trespass, for removing certain rails from a tract of land claimed by Wiggins. By amended and supplemental petition the title to the land itself, on which the rails were placed by Wiggins, became, by pleading in trespass to try title, the subject of controversy; compensation for the rails so removed was still claimed, and also vindictive damages under appropriate averments. The fence was erected by Wiggins on Bonner’s side of a line which divided tracts of land…
1Opinion of the Court
Gould, Associate Justice.
The record shows that under the pleadings, as amended, this was an action of trespass to try title, and to recover damages for an alleged trespass, in entering upon plaintiff’s land, breaking down his fence, and carrying awiiy the rails. The question of title, growing out of a disputed boundary, was found by the jury in favor of defendants, and judgment was. accordingly rendered establishing the boundary claimed by defendants. The jury, however, by the charge of the court, were allowed to find damages for plaintiff, if, being the owner of the rails, and believing the…
2Cases cited2 opinions
- Kolb v. BankheadTexas Supreme Court · 1856
- Houghtaling v. HoughtalingNew York Supreme Court · 1849
3Cited by10 opinions
- Cleveland v. MilnerTexas Commission of Appeals · 1943
- Cleveland v. MilnerTexas Supreme Court · 1943
- Conley v. Daughters of the Republic of TexasCourt of Appeals of Texas · 1912
- Gause v. GauseCourt of Appeals of Texas · 1968
- Texarkana & Fort Smith Railway Co. v. Texas & New Orleans Railway Co.Court of Appeals of Texas · 1902
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