Legal Opinion

Payne v. Johnson

Court of Appeals of Texas

Decided May 8, 1912Published

Appeal from District Court, Kinney County; W. C. Douglas, Judge. Action by Frank Payne against W. R. K. Johnson. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtFly, C. J.

This is an action of trespass to try title, wherein appellant seeks to recover of appellee four sections of land in Kinney county, being the same land involved in the case of Payne v. Cox, 143 S. W. 336, in which the judgment was reversed by this court and judgment rendered in favor of the appellant. A trial resulted in a judgment in favor of appellee for the land.

The facts briefly stated‘are that the four sections of land in controversy were duly awarded to W. N. Fleming on January 31, 1907, and he made the necessary payments and settled on section 14, one of the four sections, as his home,…

2Cases cited2 opinions

  1. Patton v. TerrellTexas Supreme Court · 1907
  2. Payne v. CoxCourt of Appeals of Texas · 1911

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