Chamblee v. Tarbox
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. John Gregg. Trespass to try title, instituted by the appellee against John Chamblee, William M. Newton, and William Hinton, defendants, for the recovery of one-fourth of a league of land in Falls county. The plaintiff deraigned his title from the defendant Chamblee by virtue of sheriff's sale under execution, made on the 6th of February, 1844, the nature of which execution is explained in the opinion of the court.
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Appeal from Falls. Tried below before the Hon. John Gregg. Trespass to try title, instituted by the appellee against John Chamblee, William M. Newton, and William Hinton, defendants, for the recovery of one-fourth of a league of land in Falls county. The plaintiff deraigned his title from the defendant Chamblee by virtue of sheriff's sale under execution, made on the 6th of February, 1844, the nature of which execution is explained in the opinion of the court. The purchaser at the sheriff's sale was John 3L Lyle, to whom the land in controversy, consisting of 1107 acres, was struck off at his…
1Opinion of the CourtMoore, J.
Similarity of name is said to be some evidence of identity. (1 Greenl. Ev., sec. 575, n. 5.) It can not be questioned that this alone is ordinarily sufficient evidence of identity of a purchaser in a chain of conveyance as the subsequent vendor. Although this case can not be said to come fully within this rule, and it would have been more satisfactory if the marriage of Lyman Tarbox and Jane Carroll had been proved; or that Jane Carroll, to whom the land was conveyed by Lyman Tarbox, and Jane M. Tarbox, who subsequently joined him in the conveyance of it to the appellee, was the same person;…
2Cases cited1 opinion
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