Hammond v. Connolly
Texas Supreme Court
Appeal from Robertson. Tried below before the Hon. W. D. Wood, Special Judge. Second suit in trespass to try title, brought by appellants March 27, 1875. It was before this court oh a former appeal, and was reversed and remanded at the Austin term, 1879. The case is reported in 51 Tex., 635, where a full statement will be found. After the case was remanded appellants sought to attack the deed from Moffitt to W. H. Steele, and their affidavit was stricken out.
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Appeal from Robertson. Tried below before the Hon. W. D. Wood, Special Judge. Second suit in trespass to try title, brought by appellants March 27, 1875. It was before this court oh a former appeal, and was reversed and remanded at the Austin term, 1879. The case is reported in 51 Tex., 635, where a full statement will be found. After the case was remanded appellants sought to attack the deed from Moffitt to W. H. Steele, and their affidavit was stricken out. Preliminary to the trial, upon motion of appellees, the court required appellants to elect upon which of their titles they would rely.…
1Opinion of the Court
Watts, J. Com. App.
When this cause was before the court on the former appeal, it was claimed that the second was but a continuation of the first suit, and that as appellants had secured the deed from the heirs of James S. Steele after the first suit was commenced, that it was not admissible to sustain the action. Upon that question the court then said: “ It is enough to dispose of this question, that the additional title was acquired long before the second suit, and that they had the same right to assert it which would have accompanied the title into the hands of a stranger.” 51 Tex., 649.
Whil…
2Cases cited1 opinion
- Connolly v. HammondTexas Supreme Court · 1879
3Cited by4 opinions
- Berkow v. HammerSupreme Court of Virginia · 1949
- Royal Grocery Co. v. OliverCalifornia Court of Appeal · 1922
- Wehran v. HelisLouisiana Court of Appeal · 1963
- In re DowdallNew York Supreme Court · 1930