Hutchins v. Lockett
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Charles Soward. This was an action of trespass to try title, brought -in the District Court of Johnson county, November, 1870, by W. J. Hutchins against R. W. Lockett, to recover 300 acres of a 1360-acre tract of land bought by the plaintiff at the assignee’s sale of the bankrupt estate of James L. Farquhar.
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Appeal from Johnson. Tried below before the Hon. Charles Soward. This was an action of trespass to try title, brought -in the District Court of Johnson county, November, 1870, by W. J. Hutchins against R. W. Lockett, to recover 300 acres of a 1360-acre tract of land bought by the plaintiff at the assignee’s sale of the bankrupt estate of James L. Farquhar. Defendant claimed the 300 acres by purchase from Luke Blevins, who had recovered judgment for the land, in a suit against Farquhar for specific jjerformance. Blevins in his suit against Farquhar claimed one hundred acres of the land under…
1Opinion of the CourtOgden, P. J.
The Legislature and courts of this State, while attempting to do away with many of the rigorous rules and useless and embarrassing fictions of the common law, have still very wisely attempted strictly to adhere to such rules of pleading and practice as tend directly to the sure and speedy administration of justice. One of those rules which are dictated by statute, and have uniformly been recognized by the courts, requires that all matters of defense must be filed in the due order of pleading, and that order requires that in all cases matters of law should be pleaded before pleas to the merits…
2Cited by4 opinions
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