Legal Opinion

Miller v. Alexander

Texas Supreme Court

Decided July 1, 1852PublishedCited by 20 opinions

Appeal from Colorado. This suit was brought by Miller to recover of Alexander ti tract of hand to which the former claimed title and of which the latter was in possession. The defendant claimed as tenant of R. & D. G. Mills, who-were admitted as defendants and pleaded title in themselves derived from Lewis, through Brewster, to them by two conveyances, the former bearing date on the 19th day of February, 1S45, and the latter on the 6th of March of the same year.

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Appeal from Colorado. This suit was brought by Miller to recover of Alexander ti tract of hand to which the former claimed title and of which the latter was in possession. The defendant claimed as tenant of R. & D. G. Mills, who-were admitted as defendants and pleaded title in themselves derived from Lewis, through Brewster, to them by two conveyances, the former bearing date on the 19th day of February, 1S45, and the latter on the 6th of March of the same year. On the trial the plaintiff offered in evidence a judgment rendered by the District Court of Colorado county in September, 1813, in a…

1Opinion of the CourtWheeler, J.

The principal question in tiffs case arises upon the ruling of the court on the admissibility of evidence and in instructions to the jury to the effect that the plaintiff could not maintain the action on an equitable title.

We have frequently ruled in effect, if not expressly, that an action t.o recover the possession of laud may he maintained on an equitable as well as on a legal title. (Browning v. Estis, 3 Tex. R., 462; Neill v. Reese, 5 Id.; Howard and Wife v. Perry, decided at the last term at Austin.) Of the propriety and, indeed, the necessity of maintaining this doctrine we entertain…

2Cited by20 opinions

  1. Carl v. SettegastTexas Commission of Appeals · 1922
  2. Stafford v. StaffordTexas Supreme Court · 1902
  3. Hill v. PrestonTexas Supreme Court · 1931
  4. Ryan v. FergussonWashington Supreme Court · 1891
  5. Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858

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