Legal Opinion

Rutherford v. Carr

Texas Supreme Court

Decided June 1, 1905No. 1438PublishedCited by 60 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Titus County. Butherford and others sued Carr in trespass to try title. Defendant had judgment and plaintiffs appealed, and on affirmance they obtained writ of error from the Supreme Court.

1Opinion of the Court

BROWN, Associate Justice.

J. M. Teliaferro is the common source of title. S. D. Goudlock recovered a judgment in the District Court of Titus County, against J. M. Teliaferro and W. D. Teliaferro, on November 2, 1893, for $1,477.30, upon which execution was issued within one year from the date of the judgment. The plaintiffs in error became entitled to the proceeds of the judgment and had the right to cause the same to be enforced by execution. On the 26th day of December, 1899, execution was issued upon the judgment, and the land in controversy was levied upon, regularly advertised and sold on…

2Cases cited5 opinions

  1. Belt v. RaguetTexas Supreme Court · 1864
  2. McSween v. YettTexas Supreme Court · 1883
  3. Paul v. PerezTexas Supreme Court · 1851
  4. Bobb v. WoodwardSupreme Court of Missouri · 1872
  5. Scotts' Ex'r v. ScottCourt of Appeals of Kentucky · 1887

3Cited by60 opinions

  1. Slaughter v. QuallsTexas Supreme Court · 1942
  2. Carl v. SettegastTexas Commission of Appeals · 1922
  3. Texas Sand Company v. ShieldTexas Supreme Court · 1964
  4. Eckert v. WendelTexas Supreme Court · 1931
  5. Gilmore v. O'NeilTexas Supreme Court · 1915

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