Walker v. Haley
Court of Appeals of Texas
Error from District Court, Morris County; J. A. Ward, Judge. Action by T. J. Walker against Bettie Haley and others. Judgment for defendants, and plaintiff brings error. James C. Walker and Mollie E. Walker were husband and wife. They had no children. Both died intestate; he in January, 1919, and she in September, 1920. Plaintiff in error,. James C. Walker’s nephew, was the plaintiff in the court below.
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Error from District Court, Morris County; J. A. Ward, Judge. Action by T. J. Walker against Bettie Haley and others. Judgment for defendants, and plaintiff brings error. James C. Walker and Mollie E. Walker were husband and wife. They had no children. Both died intestate; he in January, 1919, and she in September, 1920. Plaintiff in error,. James C. Walker’s nephew, was the plaintiff in the court below. His suit was against defendants in error Bettie Haley, Mart Haley, W. D. Haley, Ed Haley, and Webster Haley, hereinafter referred to as defendants, who, he alleged, were the sole heirs of said…
1Opinion
On Motion for Rehearing.
In their motion the defendants in the court below (defendants in error here) insist that their “crossbill contained all the necessary allegations to support an action in trespass to try title,” and that this court therefore erred when it held that the only relief they were entitled to in any event was *546a decree determining that the claim asserted by plaintiff in error to the land was a cloud on title they had thereto, and removing it.
After further consideration of the record, we think the error of this court was in holding that the allegations in said defendants’…
2Cases cited4 opinions
- Hoodless v. WinterTexas Supreme Court · 1891
- Short v. HepburnTexas Supreme Court · 1896
- Apache Cotton Oil & Mfg. Co. v. Watkins & KellyCourt of Appeals of Texas · 1916
- Barnes v. Williams' Adm'rCourt of Appeals of Texas · 1911