Legal Opinion

Howard v. McKenzie

Texas Supreme Court

Decided November 3, 1880No. Case No. 484-4017PublishedCited by 15 opinions

Error from Bexar. Tried below before the Hon. Geo. H. Noonan. In addition to the history of the case stated in the opinion, and as explanatory of the facts on which the several conclusions in the latter portion of the opinion are based, it may be stated: 1. That certified copies of two patents to Castro and Flores, covering the league and labor of land, were admitted, being certified copies from the records of Medina county.' This was allowed on affidavit of McLean that the…

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Error from Bexar. Tried below before the Hon. Geo. H. Noonan. In addition to the history of the case stated in the opinion, and as explanatory of the facts on which the several conclusions in the latter portion of the opinion are based, it may be stated: 1. That certified copies of two patents to Castro and Flores, covering the league and labor of land, were admitted, being certified copies from the records of Medina county.' This was allowed on affidavit of McLean that the original patents had never been in his possession or under his control, and that he was unable to procure the possession…

1Opinion of the Court

Gould, Associate Justice.

The plaintiff in error complains in his first, second and fourth assignments of error of the action of the court in allowing the substition of new parties instead of original parties, deceased, and of a new equitable course of action, instead of common law *177causes of action originally sued upon. The questions' thus presented can only be understood by giving a history of the pleadings of the three cases which were consolidated and tried together. Much of this history is taken from the brief of counsel for defendants in error.

On the 2d day of November, 1869, W. D. Mays,…

2Cases cited16 opinions

  1. Willison v. WatkinsSupreme Court of the United States · 1830
  2. Milam County v. RobertsonTexas Supreme Court · 1877
  3. Wheeler v. StylesTexas Supreme Court · 1866
  4. Castro v. IlliesTexas Supreme Court · 1858
  5. Hilbourn v. FoggMassachusetts Supreme Judicial Court · 1868

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3Cited by15 opinions

  1. Burnett v. AtteberryTexas Supreme Court · 1912
  2. Smithers v. LowranceTexas Supreme Court · 1906
  3. Baker v. DunningTexas Supreme Court · 1890
  4. De Bergere v. ChavesNew Mexico Supreme Court · 1908
  5. Kansas City, M. & O. Ry. Co. of Texas v. KirbyCourt of Appeals of Texas · 1912

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