Keys v. Mason
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. M. H. Bonner. Mason brought an action of trespass to try title against Keys. The defendant pleaded limitation of three, five, and ten years. By amendment the plaintiff set out the facts of his case, alleging fraud, and asking that his contract with the vendor of Keys be canceled.
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Appeal from Smith. Tried below before the Hon. M. H. Bonner. Mason brought an action of trespass to try title against Keys. The defendant pleaded limitation of three, five, and ten years. By amendment the plaintiff set out the facts of his case, alleging fraud, and asking that his contract with the vendor of Keys be canceled. The facts show that on the 14th day of October, 1857, Elijah Masón, the appellee, exchanged 320 acres of land, known as the Crockett’s Bluff tract or William Hickman survey, with one Hugh Neel, for 320 acres of land known as the A. J. Crockett pre-emption survey. Mason…
1Opinion of the Court
Moore, Associate Justice.
The first ground assigned for a reversal of the judgment is that defendant not having *142pleaded that he held the land sued for under a common source with plaintiff, the latter should have been required to deraign a title from and under the sovereignty of the soil.
It is a rule, as old as the action of trespass to try title, that when the parties claim under a common source of title it is not necessary to trace the title further back than the source from which they both claim. In this, the act of September 2, 1871, supplementary to the act to provide the mode of trying…
2Cases cited6 opinions
- Estes v. BrowningTexas Supreme Court · 1853
- Browning v. EstesTexas Supreme Court · 1848
- Walker v. EmersonTexas Supreme Court · 1858
- Linthicum v. MarchTexas Supreme Court · 1873
- Secrest's Executors v. JonesTexas Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Watkins v. SmithTexas Supreme Court · 1898
- Garner v. LaskerTexas Supreme Court · 1888
- Koenigheim v. MilesTexas Supreme Court · 1886
- Reiter v. Coastal States Gas Producing Co.Texas Supreme Court · 1964
- Cox v. HartSupreme Court of the United States · 1892
53 more not listed; retrieve them via the Exa API.