Magruder v. Johnston
Court of Appeals of Texas
Appeal from District Court, Cherokee County; L. D. Guinn, Judge. Suit by E. G. Magruder against Dave Johnston and others for the recovery of land. Prom a judgment awarding title to plaintiff, with right of redemption to defendants, plaintiff appeals.
1Opinion of the CourtHodges, J.
This suit involves the title to 30 acres of land, a part of a 70-acre tract formerly owned by W. S. Johnston, who died about the year 1913. It is agreed that W. S.Johnston is the common source of title. Prior to his death Johnston had mortgaged the entire tract to secure a debt of $250. He died leaving the debt unpaid. The title descended and vested in his five brothers, E. B. Johnston, D. J. Johnston, Tom Johnston, Jack Johnston, and Dave Johnston.' In 1914 E. B. Johnston, one of the brothers, purchased the debt and lien, which at that time amounted to $307.85. Some time later he instituted…
2Cases cited2 opinions
- Niday, Guardian v. CochranCourt of Appeals of Texas · 1906
- Johnston v. JohnstonCourt of Appeals of Texas · 1918
3Cited by15 opinions
- Myers v. CrenshawCourt of Appeals of Texas · 1938
- Corn v. First Texas Joint Stock Land Bank of HoustonCourt of Appeals of Texas · 1939
- Eggemeyer v. EggemeyerCourt of Appeals of Texas · 1981
- Cecil v. DollarTexas Supreme Court · 1949
- Nevill v. HinkleCourt of Appeals of Texas · 1925
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