Wright v. MacDonnell
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, in an appeal from Webb County. The principal contention made in the petition for writ of error was against the decision of the Court of Civil Appeals in sustaining “the doctrine, that where a tenant under a lease reserving the right to remove his improvements, takes a new lease without such reservation, he thereby waives the right of removal.” The opinion gives a full statement.
1Opinion of the Court
GAINES, Chief Justice.
—This suit was brought by plaintiff in error against defendants in error, to recover damages for the conversion of certain structures, such as houses, railroad track, and coal chutes, built upon land which had been leased by the defendants to the plaintiff.
C. M. Macdonnell and Teresa P. de Benavides were owners of a tract of land known as the San Tomas tract, upon which there was a coal mine, and in 1881 leased the mine to one A. C. Hunt, for the term of fifty years. The defendants succeeded to the title of the lessors in that lease. Before this, however, the lessors…
2Cases cited3 opinions
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
- Loughran v. . RossNew York Court of Appeals · 1871
- Carlin v. RitterCourt of Appeals of Maryland · 1888
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- Wagner Supply Co. v. BatemanTexas Supreme Court · 1929
- National City Bank of Indiana v. OrtizCourt of Appeals of Texas · 2013
- Rogers v. Fort Worth Poultry & Egg Co.Court of Appeals of Texas · 1944
- Fenlon v. JaffeeCourt of Appeals of Texas · 1977
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