Legal Opinion

Flemming v. Powell

Texas Supreme Court

Decided December 15, 1847PublishedCited by 5 opinions

This suit was brought by the appellee against the appellant, for the recovery of certain improved real estate in the city of Houston. The appellee claimed under a deed from the sheriff of Harris county, executed to him as the purchaser of the property, under a decree of foreclosure and order of sale of the mortgaged property.

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This suit was brought by the appellee against the appellant, for the recovery of certain improved real estate in the city of Houston. The appellee claimed under a deed from the sheriff of Harris county, executed to him as the purchaser of the property, under a decree of foreclosure and order of sale of the mortgaged property. At the trial sundry exceptions were filed to the various rulings of the court, by both parties, but as the following bill, filed by the defendant, presents all the questions which were adjudicated by the court, it is deemed unnecessary to insert the others, viz.: “ Be it…

1Opinion of the CourtJustice Lipscomb

This was an action to recover real estate in the city of Houston, brought by the appellee against the appellant. The ap-pellee claimed title derived from a sheriff’s sale on an execution issued under a decree of foreclosure and order of sale of the mortgaged property.

There has been no appearance for the appellant, and the cause has been submitted by the appellee on a written agreement. Under such circumstances, all that we can do is to look into the record and see if there is any apparent error, for which the judgment of the court below ought to be reversed.

There is a statement of the facts…

2Cited by5 opinions

  1. Griggs v. MontgomeryCourt of Appeals of Texas · 1929
  2. Donnebaum v. Mary L.Texas Supreme Court · 1881
  3. W. T. Carter Bro. v. BendyCourt of Appeals of Texas · 1923
  4. Carter v. MunzesheimerCourt of Appeals of Texas · 1925
  5. Grandjean v. StoryTexas Commission of Appeals · 1881

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