Smith v. Brown
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. Edwin Hobby. This was an action of trespass to try title. It was originally brought by J. H. Brown & Co. against Wm. Chambers and Birmah A. andBial Smith, and involved two tracts of land. The facts are stated in Brown y. Chambers, 63 Tex., 131. Birmah A. and Bial Smith are appellants, and the suit involved the one of the two tracts containing 530 acres.
1Opinion of the Court
Gaines, Associate Justice.
This case is before this court on appeal for the third time. The opinion on the second appeal is reported in 63 Tex., 131. The case now made is the same as that then presented and adjudicated with one exception. In the opinion, then rendered, it was held, that Donly, the plaintiff in the judgment of Donly against Duren et al. did not release Copeland, the surety of Duren, on his writ of error bond, by causing the execution against his principal to be returned, under the circumstances shown by the statement of facts. On the last trial below, appellants introduced no…
2Cases cited4 opinions
- Hancock v. ButlerTexas Supreme Court · 1858
- Buffalo Bayou Ship Channel Co. v. BrulyTexas Supreme Court · 1876
- Brown v. ChambersTexas Supreme Court · 1885
- Shepherd v. WhiteTexas Supreme Court · 1854
3Cited by23 opinions
- French v. Chevron U.S.A. Inc.Texas Supreme Court · 1995
- Benskin v. BarksdaleTexas Commission of Appeals · 1923
- Masterson v. Amarillo Oil Co.Court of Appeals of Texas · 1923
- Maxwell's Unknown Heirs v. BoldingCourt of Appeals of Texas · 1928
- Thompson v. WaitsCourt of Appeals of Texas · 1913
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