Fisk v. Miller
Texas Supreme Court
Appeal from Travis. Tried below before Robert J. Townes, Esq., appointed by the parties. At the Fall Term, 1852, of Travis District Court, on the 30th of September, John Gr.
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Appeal from Travis. Tried below before Robert J. Townes, Esq., appointed by the parties. At the Fall Term, 1852, of Travis District Court, on the 30th of September, John Gr. Miller and Catharine his wife recovered a judgment of specific performance against Hiram B. Hill and Emeline Hill, divesting the title to three lots in the city of Austin out of the said Hiram B. and Emeline Hill, and vesting it in the said Catharine Miller ; and also against Josiah Fisk for the recovery of said lots and the possession thereof. Fisk prosecuted a writ of error, and the judgment was affirmed at Austin,…
1Opinion of the CourtWheeler, J.
The supersedeas obtained upon prosecuting the writ of error, suspended the plaintiff’s right of action. But it is not perceived that the injunction had that effect. It prevented the issuance of a writ of possession, but did not necessarily suspend the plaintiff’s right of action for the use and occupation of the premises. The judgment remained in full force and effect, though the execution of it was suspended by the injunction.
The judgment in the action of trespass to try title was conclusive evidence of the plaintiff’s title and the defendant’s possession ; and the evidence of title offered…
2Cited by6 opinions
- Williams v. PounsTexas Supreme Court · 1877
- Houtchens v. MercerTexas Supreme Court · 1930
- Ralls v. RallsCourt of Appeals of Texas · 1923
- Slater v. SkirvingNebraska Supreme Court · 1897
- Gulf Production Co. v. PalmerCourt of Appeals of Texas · 1921
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