Legal Opinion

Johnson v. Simpson

Court of Appeals of Texas

Decided December 20, 1899PublishedCited by 5 opinions

Appeal from McLennan. Tried below before Hon. S. B. Scott. The following statement of the facts bearing on the record of the deed held to be correctly admitted as a conveyance from E. S. Merritt to W. W. Leland, is taken from the brief of appellant: The certificate of the clerk to the copy of the deed is that it was a correct and true and exact transcript of a deed from “E. S. Merritt, by attorney, to W. W. Leland.”

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Appeal from McLennan. Tried below before Hon. S. B. Scott. The following statement of the facts bearing on the record of the deed held to be correctly admitted as a conveyance from E. S. Merritt to W. W. Leland, is taken from the brief of appellant: The certificate of the clerk to the copy of the deed is that it was a correct and true and exact transcript of a deed from “E. S. Merritt, by attorney, to W. W. Leland.” Deed recorded January 3, 1860. In the body of the deed the name is written Wm. W. Leband, and the grantee’s name occurs but once in the instrument. On the left hand of the margin…

1Opinion of the Court

This is an action of trespass to try title by appellant Johnson against the appellees. The trial court found in favor of the appellees by virtue of actual adverse possession of the land in controversy under the ten years statute of limitation. The history of the case, together with a statement of appellant's title, is fully set out in the opinion of this court on the former appeal of the case, reported in 44 Southwestern Reporter, 1076.

The title of the plaintiff there stated we find to be established by the evidence in the record before us; and in this connection we take occasion to say, in…

2Cases cited4 opinions

  1. Craig v. CartwrightTexas Supreme Court · 1886
  2. Hickman v. WithersTexas Supreme Court · 1892
  3. Bledsoe v. CainsTexas Supreme Court · 1853
  4. Simpson v. JohnsonTexas Supreme Court · 1898

3Cited by5 opinions

  1. Houston Oil Co. of Texas v. GoreCourt of Appeals of Texas · 1913
  2. Houston Oil Co. of Texas v. GoreCourt of Appeals of Texas · 1913
  3. Manning v. Humble Oil & Refining Co.Court of Appeals of Texas · 1936
  4. Tate v. WaggonerCourt of Appeals of Texas · 1912
  5. Shuttles v. ButcherCourt of Appeals of Texas · 1927

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