Legal Opinion

Hill v. Heirs of Spear

Texas Supreme Court

Decided July 1, 1878PublishedCited by 13 opinions

Appeal from De Witt. Tried below' before the Hon. D. D. Claiborne. March 29, 1873, the heirs of William Spear brought an action of trespass to try title, in the usual form, against C. T. Hill, Samuel Andrews, and others, for a tract of 1574 acres of land in De Witt county. By amendment, December 9, 1874, Ellen Hill, wife of C. T. Hill and daughter of Samuel Andrews, was made defendant.

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Appeal from De Witt. Tried below' before the Hon. D. D. Claiborne. March 29, 1873, the heirs of William Spear brought an action of trespass to try title, in the usual form, against C. T. Hill, Samuel Andrews, and others, for a tract of 1574 acres of land in De Witt county. By amendment, December 9, 1874, Ellen Hill, wife of C. T. Hill and daughter of Samuel Andrews, was made defendant. In January, 1861, Elizabeth Williams and her husband, Joseph, and Mary Stubbins and her husband, Mordecai, made deeds'to one James Mahood for the tract of land described. The acknowledgment to each deed was…

1Opinion of the Court

Gould, Associate Justice.

Whilst this case differs somewhat in its facts from that of Samuel Andrews v. Heirs of *585John Spear, in connection with which it has been briefed, the questions discussed are the same, and, with one exception, may be disposed of by a reference to the opinion in that case.

In this case, however, there was a suggestion, on the part of defendants, of improvements in good faith, and it appears by bill of exceptions that the court excluded all evidence as to the value of improvements by Andrews, one of defendants, on the ground that he was not a possessor in good faith. We…

2Cases cited1 opinion

  1. Berry v. DonleyTexas Supreme Court · 1863

3Cited by13 opinions

  1. Schleicher, Admr. v. GatlinTexas Supreme Court · 1892
  2. Johnson v. BryanTexas Supreme Court · 1884
  3. French v. GrenetTexas Supreme Court · 1881
  4. Cole v. BammelTexas Supreme Court · 1884
  5. House v. StoneTexas Supreme Court · 1885

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