Oakey v. Bennett
Supreme Court of the United States
This cause was brought up, • by writ of error, from the District Court of the United States for the District of Texas. It was an ejectment, conducted by way of petition and answer, for a house and lot in the county and city of Galveston, in the State of Texas,' being lot No. 13 in block No. 681. The suit was brought by Oakey against Bennett; the administrator of William Hall, and John H. lilies, tenant in possession.
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This cause was brought up, • by writ of error, from the District Court of the United States for the District of Texas. It was an ejectment, conducted by way of petition and answer, for a house and lot in the county and city of Galveston, in the State of Texas,' being lot No. 13 in block No. 681. The suit was brought by Oakey against Bennett; the administrator of William Hall, and John H. lilies, tenant in possession. In the bill of exceptions the suit is denominated an action of “ trespass to try titles ■”; but as the petition prayed for the restoration of the property, as well as damages, it…
1Opinion of the CourtJustice McLEAN
A writ of error to the District Court of the United States for Texas brings this case before us.
Under the forms of procedure in Texas,- an action was commenced by petition, on the 25th of January, 1847, by the plaintiff, for the recovery of a house and lot in the city of Galveston, Texas, described in the plan of said city, number thirteen, in block six hundred and eighty-one. The plaintiff gave in evidence a deed from the proprietors of the city for the lot in controversy to James S. Holman, dated 1st June, 1840. The same lot, on the 3d of April, 1843, was conveyed to William Hall, by…
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