Legal Opinion

Robertson v. Du Bose

Texas Supreme Court

Decided February 4, 1890No. 2724PublishedCited by 57 opinions

Appeal from Angelina.. Tried below before Hon. L. B. Hightower. September 3, 1887, the appellant, James H. Robertson, who was the plaintiff in the court below, filed his original petition in an action of trespass to try title against the apppellee, A. H. Du Bose, who was the defendant below, in the District Court of Angelina County, Texas. The appellee, A. H. Du Bose, answered by a general demurrer and a plea of not guilty.

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Appeal from Angelina.. Tried below before Hon. L. B. Hightower. September 3, 1887, the appellant, James H. Robertson, who was the plaintiff in the court below, filed his original petition in an action of trespass to try title against the apppellee, A. H. Du Bose, who was the defendant below, in the District Court of Angelina County, Texas. The appellee, A. H. Du Bose, answered by a general demurrer and a plea of not guilty. He also pleaded over against the defendants Ann Walling, A. J. Walling, and C. M. Wilson, as his warrantors of the title of the land in controversy. On January 9, 1888,…

1Opinion of the Court

HEHRY, Associate Justice.

This was an action of trespass to try title, instituted by appellant to recover one-third of a league of land patented to Caleb Holloway.

The defendant pleaded “not guilty.”

Appellee filed an affidavit charging that a deed for the land from Caleb Holloway to appellant was a forgery.

Appellant, by supplemental petition, pleaded that defendant’s equitable title was a stale claim.

A certificate was issued in favor of Caleb Holloway by the District Court of San Augustine County on the 22d day of October, 1842.

It was located on the land in controversy, which was patented to…

2Cases cited7 opinions

  1. Johnson v. NewmanTexas Supreme Court · 1875
  2. Hearne v. GillettTexas Supreme Court · 1884
  3. Gibbons v. BellTexas Supreme Court · 1876
  4. Reed v. WestTexas Supreme Court · 1877
  5. Cox v. CockTexas Supreme Court · 1883

2 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
  2. Hollifield v. LandrumCourt of Appeals of Texas · 1903
  3. Jester v. SteinerTexas Supreme Court · 1894
  4. Greenville Gas & Fuel Co. v. Commercial Finance Co.Texas Supreme Court · 1927
  5. Lumbermen's Reciprocal Ass'n v. HendersonTexas Commission of Appeals · 1929

52 more not listed; retrieve them via the Exa API.

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