McPike v. Smith
Court of Appeals of Texas
Appeal from District Court, Harris County; Henry J. Dannenbaum, Judge. Action by J. E. McPike against Josie Smith and others. Prom a judgment for defendants, plaintiff appealed.
1Opinion of the CourtGraves, J.
There is here involved but a
single question: Was the cause of action sued upon barred by the statute of four years’ limitation?
The trial court, in sustaining demurrers interposing that defense, held it was, and the appeal presents that action as error.
The material facts were these: In 1900 Stafford Smith, among other lands in Harris county, Tex., sold a certain 199 acres to Mc-Pike, who in turn sold it in August, 1903, to Spevak, and Spevak in September, 1903, sold to Gardiner, all conveying by general covenants of warranty. In 1909 one W. P. Mock-el and others set up a claim to the 199…
2Cases cited6 opinions
- Seibert v. BergmanTexas Supreme Court · 1898
- Hollingsworth v. MexiaCourt of Appeals of Texas · 1896
- Eustis v. FosdickTexas Supreme Court · 1895
- Penney v. WoodyCourt of Appeals of Texas · 1912
- Morris & Cumings v. State ex rel. GuessettTexas Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mooers v. HunterCourt of Appeals of Texas · 1931
- Cleveland State Bank v. GardnerCourt of Appeals of Texas · 1925