Hudson v. Wheeler
Texas Supreme Court
. Appeal from Harris. Tried below before the Hon. James Masterson. In July, 1868, this action of trespass to try title to a lot in the city of Houston was instituted by Hudson, the appellant, against Mrs. ■ Wheeler, the appellee, who was the widow of Daniel (1. Wheeler, deceased, and who claimed the lot under a deed from the latter to her, made and recorded in March, 1853, and reciting a consideration of one dollar. ' The case made by the plaintiff in his original and…
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. Appeal from Harris. Tried below before the Hon. James Masterson. In July, 1868, this action of trespass to try title to a lot in the city of Houston was instituted by Hudson, the appellant, against Mrs. ■ Wheeler, the appellee, who was the widow of Daniel (1. Wheeler, deceased, and who claimed the lot under a deed from the latter to her, made and recorded in March, 1853, and reciting a consideration of one dollar. ' The case made by the plaintiff in his original and amended petitions was, in substance, that on the first of June, 1841, he was owned and possessed of the lot in controversy;…
1Opinion of the CourtOgden, J.
The office of a demurrer is simply to ask the judgment of the court upon the sufficiency of the pleadings demurred to, and to call in question such matters of form and substance only as may appear on the face of the pleadings. It therefore follows, that when a good cause of action is defectively pleaded, or when the pleadings show upon their face that there is no good cause of action, in either ease the pleadings are demurrable, and the parties may be compelled to amend, or suffer the consequence of bad pleading or a bad cau:e of action.
The first question to be determined in the cause at bar…
2Cases cited13 opinions
- Smith v. FlyTexas Supreme Court · 1859
- Coles v. KelseyTexas Supreme Court · 1847
- Ryan v. JacksonTexas Supreme Court · 1854
- Hopkins v. WrightTexas Supreme Court · 1856
- Tinnen v. MebaneTexas Supreme Court · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Houston Oil Co. of Texas v. StepneyCourt of Appeals of Texas · 1916
- Davis v. HoweTexas Commission of Appeals · 1919
- Cotten v. Republic National Bank of DallasCourt of Appeals of Texas · 1965
- Kuhlman v. BakerTexas Supreme Court · 1879
- Neal v. PickettTexas Commission of Appeals · 1926
23 more not listed; retrieve them via the Exa API.