Knox v. McElroy
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District in an appeal from Sabine County. McElroy and others, defendants in an action for the recovery of land by Knox and another, obtained judgment on their plea in reconvention for damages by reason of sequestration of their property after plaintiffs had dismissed the suit for the land. Plaintiffs appealed and on affirmance obtained writ of error.
1Opinion of the CourtChief Justice Gaines
This suit was brought by the plaintiffs in error W. H. Knox and W. F. Goodrich against the defendants in error E. P. Padgett, S. P. McElroy, J. T. Hornsby and M. A. Lightfoot to recover the north half of the David White survey. The plaintiffs sued out a writ of sequestration under ivhieh the land was seized and held until the trial of the cause. When the suit was called for trial the plaintiffs took a nonsuit. The defendants having reconvened for the land and for damages, the suit was tried upon the issues so made and resulted in a judgment for Padgett and McElroy for the land and for Hornsby…
2Cited by8 opinions
- U. S. Fidelity & Guaranty Co. v. Henderson CountyTexas Commission of Appeals · 1925
- Bassham v. EvansCourt of Appeals of Texas · 1919
- Lamar v. HildrethCourt of Appeals of Texas · 1919
- Savage v. RHEATexas Commission of Appeals · 1930
- Tiefel Bros. Winn v. MaxwellCourt of Appeals of Texas · 1913
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