Elliot v. Mitchell
Texas Supreme Court
Appeal from Ellis. The case was tried before Hon. Nat. M. Burford, one of the district judges. On the 10th of'June, 1852, the appellant brought this suit to the District Court of Havarro county, against David R. Mitchell and numerous other defendants, for the recovery of two leagues of land, cancellation of deeds, and damages.
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Appeal from Ellis. The case was tried before Hon. Nat. M. Burford, one of the district judges. On the 10th of'June, 1852, the appellant brought this suit to the District Court of Havarro county, against David R. Mitchell and numerous other defendants, for the recovery of two leagues of land, cancellation of deeds, and damages. The plaintiff derived his title to one of the leagues from Rachel Leach, made to her as a colonist of Burnet’s colony, in October, 1835. The controversy was narrowed by compromises to this league. The limits of the colony are set out in the record and syllabus of the…
1Opinion of the CourtDonley, J.
—Exceptions were filed by appellees in the court below to the sufficiency of the petition, but it does not appear that the exceptions, were noticed; the appellees have not appealed; no errors have been assigned by them. They have not in any way made themselves actors to bring before this court for revision the errors complained of in argument.
It has been repeatedly decided by this court, that when *109exceptions are filed, but not subsequently noticed in the proceedings below, they will be deemed to have been waived by the party filing them. (Jones v. Black, 1 Tex., 529; Phillips v. Hill, 3 Tex.,…
2Cases cited7 opinions
- Carter v. CarterTexas Supreme Court · 1849
- Earle v. ThomasTexas Supreme Court · 1855
- White v. BurnleySupreme Court of the United States · 1858
- Hamilton v. MenifeeTexas Supreme Court · 1854
- Maxey v. O'ConnorTexas Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Elliott v. MitchellTexas Supreme Court · 1877
- McClure v. Heirs of SheekTexas Supreme Court · 1887
- Randall v. CollinsTexas Supreme Court · 1880
- Carter v. RolandTexas Supreme Court · 1880
- Dunson v. PayneTexas Supreme Court · 1876
7 more not listed; retrieve them via the Exa API.