Caldwell v. Fraim
Texas Supreme Court
Appeal from McLennan. Tried below before the lion. A. J. Evans. M. C. Fraim brought this action to the Spring term (1869) of the District Court of McLennan county, against J. H. Caldwell and Julius Griesenback, for three small parcels of land in the vicinity of Waco, comprised in what is known as the Harris place, and also as the Hamilton place.
Read the full summary
Appeal from McLennan. Tried below before the lion. A. J. Evans. M. C. Fraim brought this action to the Spring term (1869) of the District Court of McLennan county, against J. H. Caldwell and Julius Griesenback, for three small parcels of land in the vicinity of Waco, comprised in what is known as the Harris place, and also as the Hamilton place. The petition averred that on the 18th of March, 1868, Charles A. Hamilton and his wife, M. M. Hamilton, sold and conyeyed the land to the plaintiff, and delivered possession of it to him; that on the 27th of November,' 1868, the defendants, agents and…
1Opinion of the CourtLindsay, J.
As there seems to have been a misapprehension of the actual state of the record, both by the court and the attorneys in this case, at the time of the trial in the District Court, we deem it most conducive to the certain and final attainment of the ends of justice to reverse the judgment and remand the case for a new trial.
It appears, in the recitals of the judgment of the court, overruling the motion for a new trial, that an answer, and the only answer filed in the case, was made by the landlords of the original parties defendant to the suit, so characterized by the petition itself.…
2Cited by6 opinions
- Baker v. ComptonTexas Supreme Court · 1879
- Leach v. Estate of CassityCourt of Appeals of Texas · 1955
- Blanchard v. ReedSupreme Court of Oklahoma · 1917
- W. P. Converse & Co. v. SorleyTexas Supreme Court · 1873
- King v. Young Men's Ass'nU.S. Circuit Court for the District of Eastern Texas · 1872
1 more not listed; retrieve them via the Exa API.