Robinson v. Randell
Court of Appeals of Texas
Appeal from District Court, Lamar County ; A. P. Dohoney, Judge. Action by P. M. Robinson against T. L. Randell. Judgment for defendant, and plaintiff appeals. The action is by appellant against the ap-pellee in trespass to try title to 26 acres of land of the Abner Neathery survey. The ap-pellee pleaded denial, not guilty, and the ten-year statute of limitation. The case was tried before the court without a jury, and a juugment was entered in favor of the defendant.
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Appeal from District Court, Lamar County ; A. P. Dohoney, Judge. Action by P. M. Robinson against T. L. Randell. Judgment for defendant, and plaintiff appeals. The action is by appellant against the ap-pellee in trespass to try title to 26 acres of land of the Abner Neathery survey. The ap-pellee pleaded denial, not guilty, and the ten-year statute of limitation. The case was tried before the court without a jury, and a juugment was entered in favor of the defendant. The appellant offered the following as evidence of his title: (1) Patent dated April 10, 1858, to Abner Neathery to 640 acres…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1,2] The bond for title from Neathery and wife to Margaret Stewart not reciting any consideration, and the payment of a valuable consideration not being proved, it was determined on a former appeal (146 S. W. 717, 172 S. W. 735) that, as against the appellee, such bond may not be regarded as evidence of any title in Margaret Stewart. We adhere to that ruling. And the vital question of fact arises as to whether, in the facts, prior possession of the 160-acre tract by L. B. Robinson made such a prima facie case as to legally warrant a recovery by the…
2Cases cited5 opinions
- Watkins v. SmithTexas Supreme Court · 1898
- Keys v. MasonTexas Supreme Court · 1875
- Boyd v. MillerCourt of Appeals of Texas · 1899
- Randell v. RobinsonCourt of Appeals of Texas · 1912
- Buie v. PennCourt of Appeals of Texas · 1914
3Cited by6 opinions
- Lewis v. DainwoodCourt of Appeals of Texas · 1939
- Lindquist v. SanfordCourt of Appeals of Texas · 1939
- Beason v. WilliamsCourt of Appeals of Texas · 1921
- Pierce v. BakerCourt of Appeals of Texas · 1940
- Southwestern Settlement & Development Co. v. Village Mills Co.Court of Appeals of Texas · 1922
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