Schmeltz v. Garey
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. May 23,1873, M. V. Garey and husband, J. E. Garey, sued Charles Schmeltz in trespass to try title in the usual form for lots 2, 3, 4, 7, and 8, in block number l,in the town of Clinton, and described as on the Harris tract. Schmeltz pleaded not guilty, and, by amendment, the three years’ statute of limitations, as tenant of Reuben Wright, and asked that Wright be called to defend.
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Appeal from Harris. Tried below before the Hon. James Masterson. May 23,1873, M. V. Garey and husband, J. E. Garey, sued Charles Schmeltz in trespass to try title in the usual form for lots 2, 3, 4, 7, and 8, in block number l,in the town of Clinton, and described as on the Harris tract. Schmeltz pleaded not guilty, and, by amendment, the three years’ statute of limitations, as tenant of Reuben Wright, and asked that Wright be called to defend. Same day, Wright made himself a party, and, by cross-action, sought to quiet his title. On the trial, both parties claimed through R. S. Blount.…
1Opinion of the Court
Gould, Associate Justice.
It is our opinion that the court erred in instructing the jury that the legal title to lots 7 and 8 was in the plaintiffs.
The plaintiffs claimed under an order of sale made in the administration of the estate of Blount in December, 1871, on the application of Baker, the holder of a judgment against Blount, of date November 27, 1860, and recorded October, 1862. After this, judgment was recorded, and thereby took lien on the lots 7 and 8. Blount conveyed them to Reuben Wright, who went into possession, and, by his tenants, has so continued. The application of Baker…
2Cases cited8 opinions
- Chapman v. AllenTexas Supreme Court · 1855
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Polk v. PendletonCourt of Appeals of Maryland · 1869
- Morrow v. MorganTexas Supreme Court · 1877
- Young v. TaylorSupreme Court of Pennsylvania · 1809
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Hanrick v. GurleyTexas Supreme Court · 1900
- Tarver v. TarverTexas Supreme Court · 1965
- Ogden & Johnson v. BosseTexas Supreme Court · 1894
- Mayers v. PaxtonTexas Supreme Court · 1890
- Rippy v. RippyCourt of Appeals of Texas · 1932
28 more not listed; retrieve them via the Exa API.