Cassaday v. Anderson
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. X. B. Saunders. The following agreed case was filed in this cause: Appellee James M. Anderson was plaintiff below, and instituted this suit to recover possession of the lot of land in controversy, alleging that A. M. Veal, on the 21st day of May, 1861, filed his petition in the district court of McLennan county, state of Texas, on three promissory notes, executed by William W. Williamson to said Veal, and made William W.…
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Appeal from McLennan. Tried below before the Hon. X. B. Saunders. The following agreed case was filed in this cause: Appellee James M. Anderson was plaintiff below, and instituted this suit to recover possession of the lot of land in controversy, alleging that A. M. Veal, on the 21st day of May, 1861, filed his petition in the district court of McLennan county, state of Texas, on three promissory notes, executed by William W. Williamson to said Veal, and made William W. Williamson and his son John Williamson, defendants, alleging the execution, making and delivery to him of the notes by…
1Opinion of the Court
Bonner, Associate Justice.
If it be admitted that this, the second suit in trespass to try title to the land in controversy between the same parties, is so far a new and different suit that the former decision of this case (Anderson v. Cassaday, 36 Tex., 652) is not res adjudicata, as to the law of the particular case, it at least should be respected to the extent that it is binding upon us, unless we are fully of the opinion that it is incorrect.
We have laboriously examined numerous authorities bearing upon the points decided in that opinion, and have found none which satisfy us that it…
2Cases cited10 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Jones v. GreenSupreme Court of the United States · 1864
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- Wiggins v. ArmstrongNew York Court of Chancery · 1816
- Dunlevy v. . TallmadgeNew York Court of Appeals · 1865
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3Cited by10 opinions
- Hillebrand v. McMahanTexas Supreme Court · 1883
- Dittman v. Weiss Bros.Texas Supreme Court · 1895
- Isaacs v. NeeceCourt of Appeals for the Fifth Circuit · 1935
- Arbuckle Bros. Coffee Co. v. Werner & CohenTexas Supreme Court · 1890
- Cates v. ClarkCourt of Appeals of Texas · 1930
5 more not listed; retrieve them via the Exa API.