Estell v. Cole
Texas Supreme Court
Error from McLennan. Tried below before the Hon. B. W. Rimes. The case will be found stated as it was presented by the former appeal in 52 Tex., 170. The following from plaintiff in error’s statement of the case presents its progress afterwards: Upon return of the mandate to the court below plaintiff amended, alleging his purchase August 14, 1871, the executory purchase of Estell January 15, 1867, and forfeiture of same by non-payment at maturity, etc.
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Error from McLennan. Tried below before the Hon. B. W. Rimes. The case will be found stated as it was presented by the former appeal in 52 Tex., 170. The following from plaintiff in error’s statement of the case presents its progress afterwards: Upon return of the mandate to the court below plaintiff amended, alleging his purchase August 14, 1871, the executory purchase of Estell January 15, 1867, and forfeiture of same by non-payment at maturity, etc. He further alleged improvements made since he got possession under a writ of sequestration in this case April 30, 1874, and changed his prayer…
1Opinion of the Court
Delany, J. Com. App.
The first assignment of error is as follows: “ The court erred in overruling defendant Estell’s exceptions contained in his first amended original answer ... to plaintiff’s first amended original petition, filed December 9, 1881.”
It appears that pending the suit the plaintiff sequestered the property, and has held possession ever since.
When the case went back to the district court upon the reversal of the former judgment, the plaintiff alleged that he had made valuable improvements upon the land in good faith, and asked that he be allowed their value in the event of a…
2Cases cited11 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- G. W. Tom & Wife v. WollhoeferTexas Supreme Court · 1884
- Reese v. MedlockTexas Supreme Court · 1863
- Scarborough v. ArrantTexas Supreme Court · 1860
- Secrest v. JonesTexas Supreme Court · 1858
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3Cited by12 opinions
- Langley v. NorrisTexas Supreme Court · 1943
- Douglas v. HanburyWashington Supreme Court · 1909
- Boddeker v. OlschewskeTexas Supreme Court · 1936
- Bourland v. HuffhinesCourt of Appeals of Texas · 1924
- Alling v. Vander StuckenCourt of Appeals of Texas · 1917
7 more not listed; retrieve them via the Exa API.