Legal Opinion

Smith v. Bittick

Court of Appeals of Texas

Decided January 12, 1922No. 1258. [fn*]PublishedCited by 2 opinions

Appeal from District Court, El Paso County ; iP. R. Price, Judge. Action by A. W. Bittick against Fenton W. Smith and C. E. Benton. Dismissed as to-defendant Benton, and, from a judgment for plaintiff, defendant Smith appeals.

1Opinion of the CourtHarper, C. J.

A. W. Bittick brought this suit against Fenton W. Smith and C. E. Benton. The petition contains two counts:

First, in trespass to try title to lands described as follows:

“All of C. M. Newman survey No. 325, on the waters of the Rio Grande, as described in patent from the state of Texas to C. M. Newman, dated April 9, 1908, recorded in book 25, at page 321, of the deed records of El Paso county, Tex., containing approximately 120 acres of land and being about 40 miles south 45° east from the county seat of El Paso county, Tex., and adjoining what is known as Ralph Wright survey No. 44.”

The…

2Cases cited7 opinions

Bender v. DamonTexas Supreme Court · 1888
Waterhouse v. GallupCourt of Appeals of Texas · 1915
Adams v. ZellnerTexas Supreme Court · 1916
Morris v. HastingsTexas Supreme Court · 1888
Ferrell-Michael Abstract & Title Co. v. McCormacCourt of Appeals of Texas · 1915

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

Ferguson v. ConnellSupreme Court of Iowa · 1930
Tom v. Kenedy Nat. Farm Loan Ass'nCourt of Appeals of Texas · 1938