Legal Opinion

Armstrong v. Oppenheimer

Texas Supreme Court

Decided April 19, 1892No. 7171PublishedCited by 8 opinions

Suit was filed October 14, 1888. The defendants had bought the land sued for and had entered into possession October 14, 1887. Judgment was rendered against defendants for the land; the defendants were allowed value of improvements less value of rents for two years before the date of filing the suit. The plaintiffs appealed, resisting the allowance of value of improvements. The opinion gives other necessary facts.

1Opinion of the Court

TARLTOB, Judge,

Section B: — This was an action of trespass to try title to 738 acres of land lying in McMullen County, granted to Joseph A. Spicer. The suit was brought by Mary H. Armstrong, joined by her husband James Armstrong, in her own right and as next friend, for the use and in behalf of her two minor children, Fannie and Emma Coley, against D. Oppenheimer and A. Oppenheimer, and for the use and occupation of the land.

The appellees pleaded not guilty, and that they were possessors of the land in good faith; and that they and their vendor Moses McLane had had adverse possession of the…

2Cases cited3 opinions

  1. Hatchett v. ConnerTexas Supreme Court · 1867
  2. Robson v. OsbornTexas Supreme Court · 1855
  3. Miller v. BrownsonTexas Supreme Court · 1879

3Cited by8 opinions

  1. Wagner & Brown, Ltd. v. SheppardTexas Supreme Court · 2008
  2. Cooke v. AverySupreme Court of the United States · 1893
  3. Mumme v. McCloskeyCourt of Appeals of Texas · 1902
  4. Sherwood v. SherwoodCourt of Appeals of Texas · 1920
  5. Crumbley v. BusseCourt of Appeals of Texas · 1895

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