Allen v. Stephanus
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. Peter W. Gray. Petition filed by appellee May 6th, 1854, against appellant.
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Appeal from Harris. Tried below before the Hon. Peter W. Gray. Petition filed by appellee May 6th, 1854, against appellant. It averred title in the plaintiff to a certain lot of ground in the city of Houston ; that he was in peaceable possession of the same on the 1st day of Sept., 1852 ; but that on said 1st day of Sept., 1852, said defendant with force and arms, broke and entered into and upon said premises, and then and there ejected plaintiff therefrom, and other wrongs then and there did, to the damage of plaintiff $1000. Plaintiff further alleges, &c. The petition went on to allege the…
1Opinion of the Court
Hemphill, Ch. J.
The appellee, Charles Stephanes, files his petition to set aside a Sheriff’s sale of a lot owned by him in Houston, at which sale H. H. Allen was the purchaser ; S. L. Allen, claiming from the said H. H. Allen by a subsequent conveyance, and J. B. Hogan, the oilier defendant, being Sheriff at the time of the sale. The plaintiff alleges that the sale was not fairly made ; that it was by fraud and collusion between these defendants ; that the subsequent conveyance to S. L. Allen was a mere trick and contrivance; the whole proceeding from the beginning being a mere fraudulent,…
2Cases cited3 opinions
- Livingston v. ByrneCourt for the Trial of Impeachments and Correction of Errors · 1814
- Carson's SaleSupreme Court of Pennsylvania · 1837
- Lessee of Murphy v. M'ClearySupreme Court of Pennsylvania · 1802
3Cited by43 opinions
- Charter National Bank-Houston v. StevensCourt of Appeals of Texas · 1989
- State Mortgage Corp. v. LudwigTexas Supreme Court · 1932
- Pearson v. FlanaganTexas Supreme Court · 1879
- Chamblee v. TarboxTexas Supreme Court · 1863
- Harrell v. Mexico Cattle Co.Texas Supreme Court · 1889
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