Johns v. Hardin
Texas Supreme Court
Error from Wichita. Tried below before Hon. P. M. Stine. On February 18, 1887, Joshua W. Du Bose and B. S. Du Bose instituted a suit of trespass to try title in the District Court of Wichita . County against J. G. Hardin for the recovery of 6,117,672 square varas of land.
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Error from Wichita. Tried below before Hon. P. M. Stine. On February 18, 1887, Joshua W. Du Bose and B. S. Du Bose instituted a suit of trespass to try title in the District Court of Wichita . County against J. G. Hardin for the recovery of 6,117,672 square varas of land. The defendant J. G. Hardin filed his answer on February 25, 1887, in which he demurred to plaintiff’s petition, pleaded not guilty, and further specially that he (defendant), on November 30, 1883, had purchased 361 acres of the land sued for from C. R. Johns, of Travis County, Texas, for which defendant had paid Johns $3 per…
1Opinion of the Court
COLLARD, Judge, Section A. *
Mrs. Johns appealed, and her first assignment of error is: '
“The judgment of the court is erroneous in so far as the recovery over by defendant J. G. Hardin against plaintiff in error is concerned, because Hardin, as the vendee of C R. Johns, deceased, could have no cause of action upon Johns’ warranty until eviction, either actual or by judgment of a competent court, or by purchase of his peace. The cross-action of defendant Hardin against plaintiff in error as executrix of C. R. Johns, deceased, was therefore premature, and Hardin had no cause of action until…
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