Jones v. Andrews
Texas Supreme Court
Appeal from Bastrop. Tried below before Hon. H. Teichmneller. Andrews and others, appellees, filed their action in trespass to try title April 17, 1879, against appellants, for a tract of one-fourth of a league of land patented in name of Wm. H. Hunt. The land is described as lying “about 14 miles S. E. of the town of Bastrop; beginning at the H. E. corner of survey Ho. 27, made for Wm. H. Hunt, a post oak, from which a post oak bears S. 26 deg. 30 min.
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Appeal from Bastrop. Tried below before Hon. H. Teichmneller. Andrews and others, appellees, filed their action in trespass to try title April 17, 1879, against appellants, for a tract of one-fourth of a league of land patented in name of Wm. H. Hunt. The land is described as lying “about 14 miles S. E. of the town of Bastrop; beginning at the H. E. corner of survey Ho. 27, made for Wm. H. Hunt, a post oak, from which a post oak bears S. 26 deg. 30 min. W. 5 varas, marked H, and another bears H. 80 deg. 30 min. E. 26 varas, same mark (this corner is on the S. line of S. Darling league survey…
1Opinion of the Court
Oollard, Judge.—This
is a second suit; and the first question presented by the record is, can it be maintained as a second suit of trespass to try title?
The first suit was filed May 11th, 1877, and terminated in a verdict and judgment for defendants April the 18th, 1878. The second suit was filed April 17th, 1879, within one year from filial judgment, as required by the statute. Defendants, on the 19th of October, 1885, set up the former judgment as res adjudimta, upon the ground as claimed by them that the only question involved in controversy was one of boundary. Both suits were in form of…
2Cases cited3 opinions
- Spence v. McGowanTexas Supreme Court · 1880
- Bird v. MontgomeryTexas Supreme Court · 1870
- Corporation of San Patricio v. MathisTexas Supreme Court · 1883
3Cited by56 opinions
- Horne v. MoodyCourt of Appeals of Texas · 1940
- Louisiana & Texas Lumber Co. v. StewartCourt of Appeals of Texas · 1910
- Hannaman v. GordonTexas Commission of Appeals · 1924
- Southern Pine Lumber Co. v. WhitemanCourt of Appeals of Texas · 1937
- Carley v. PartonCourt of Appeals of Texas · 1889
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