Legal Opinion · Dissent

Crosby v. Ardoin

Court of Appeals of Texas

Decided February 1, 1912Published

Appeal from District Court, El Paso County; A. M. Walthall, Judge. Trespass to try title by Josephine Crosby against Theo. W. Ardoin and others. Judgment for defendants, and plaintiff appeals.

1DissentMcKENZIE, J.

I do not agree with my Associates in affirming this case.

This suit was instituted by appellant filing her action in trespass to try title to recover the land in controversy. Appellees answered by plea of not guilty and for affirmative relief filed a cross-action of trespass to try title for the recovery of the land. To the cross-action appellant answered by plea of not guilty and specially pleaded that the transfer 'from “W. G. Stanly to Thos. B. Huling” and the certificate of acknowledgment thereto were forgeries. The case was tried before a jury. After the parties had introduced all their…

2Cases cited9 opinions

  1. Barroum v. CulmellTexas Supreme Court · 1896
  2. Beaumont Pasture Co. v. Preston & SmithTexas Supreme Court · 1886
  3. McNeil v. O'ConnorTexas Supreme Court · 1891
  4. Stephens v. MotlTexas Supreme Court · 1891
  5. McKee v. WestCourt of Appeals of Texas · 1909

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