Blumberg v. Mauer
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. J. J. Thornton. This action was brought by Ernst and F. Blumberg against C. Mauer in the District Court of Guadalupe county, on the 3d of December, 1866. The petition was in the form of trespass to try title, though the suit was in substance for the correction of mistake and rectification of boundaries.
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Appeal from Guadalupe. Tried below before the Hon. J. J. Thornton. This action was brought by Ernst and F. Blumberg against C. Mauer in the District Court of Guadalupe county, on the 3d of December, 1866. The petition was in the form of trespass to try title, though the suit was in substance for the correction of mistake and rectification of boundaries. Both plaintiffs and the defendant were purchasers from A. Swift, who, on the 26th of September, 1853, conveyed by deed to 0. Blumberg one hundred and eighty acres off of the east end of the tract of land conveyed to Swift by Edward Murphy; and…
1Opinion of the CourtOgden, J.
This cause was before this court in 1869, and after a somewhat lengthy and able argument by counsel, in favor of and against the judgment, and a very careful and thorough investigation by the court, the cause was decided by a majority of the court then sitting. A motion for a rehearing was then prepared, but for some cause was not acted upon by the court, until the next term. The rehearing was asked for the reason, among others, that at the time of the decision, the Supreme Court, by a provision of the then existing Constitution of the State, was composed of five judges, and that this case…
2Cited by8 opinions
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- Holland v. ThompsonCourt of Appeals of Texas · 1896
- White v. KingsburyTexas Supreme Court · 1890
- Seureau v. FrazerCourt of Appeals of Texas · 1916
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