Alley v. Carleton
Texas Supreme Court
Appeal from Lavaca. The case was tried before Hon. TTeldih'g- Joses, one of the district judges. The most material facts averred by the plaintiff are given in the opinion of the chief justice. The pleadings on both sides are very voluminous.
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Appeal from Lavaca. The case was tried before Hon. TTeldih'g- Joses, one of the district judges. The most material facts averred by the plaintiff are given in the opinion of the chief justice. The pleadings on both sides are very voluminous. But as the petition was. dismissed on demurrer, upon the ground that by amendment the plaintiff averred that he had sold the land pending the litigation, and had reserved nothing to himself except a mortgage, to secure the purchase-money, and the obligation which arises on his general warranty of title, and had thereby stated himself out of court, so far…
1Opinion of the CourtMoore, C. J.
This suit was brought by appellant against *76appellee to recover damages for an alleged obstruction to the use and enjoyment by appellant of a right of way, and to have said way established and defined by a decree of the court.
The land, or a part thereof, over which appellant claims said way, was sold by him to the appellee sometime previous to the commencement of his suit, but there was no express reservation of a right of way in the deed by which he conveyed said land, or any direct reference whatever thereto. Appellant, however, alleges that it was expressly stipulated and agreed by…
2Cases cited2 opinions
- Collins v. PrenticeSupreme Court of Connecticut · 1842
- Saddler v. GloverCourt of Appeals of Kentucky · 1837
3Cited by56 opinions
- Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
- Othen v. RosierTexas Supreme Court · 1950
- Bains v. ParkerTexas Supreme Court · 1944
- Duff v. MatthewsTexas Supreme Court · 1958
- Mitchell v. CastellawTexas Supreme Court · 1952
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