Burrow v. Brown
Texas Supreme Court
Appeal from Navarro. Tried below before John H. Bice, Esq. On the 18th of October, 1882, the appellee, as the administrator of David M. Brown, deceased, filed his petition in the district court of Navarro county, as an action of trespass to try title to recover a block of two and a half acres of land in the city of Corsicana.
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Appeal from Navarro. Tried below before John H. Bice, Esq. On the 18th of October, 1882, the appellee, as the administrator of David M. Brown, deceased, filed his petition in the district court of Navarro county, as an action of trespass to try title to recover a block of two and a half acres of land in the city of Corsicana. After the court allowed the sheriff’s deed to be introduced over the objections of the defendant’s counsel, an application for continuance was made on the ground of surprise and the absence of Bryan T. Barry, residing in Corsicana, who wrote the deed and who was then…
1Opinion of the Court
Stayton, Associate Justice.—
The judgment in favor of Gibson & Turner was offered solely for the purpose of showing the authority to issue the execution under which D. M. Brown bought the property in controversy, and, to render it admissible for that purpose, it was not necessary that it should have been recorded. The deed to D. M. Brown was made by the deputy sheriff, who made the sale under the execution. This was done in the name of the sheriff by his deputy.
It is not claimed that the deed was not executed by the person by whom it appears to have been executed; but it is claimed that the…
2Cases cited1 opinion
- Davis v. RankinTexas Supreme Court · 1878
3Cited by5 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. BrownCourt of Appeals of Texas · 1897
- Liddon v. HodnettSupreme Court of Florida · 1886
- Smith v. SlackWest Virginia Supreme Court · 1943
- City of Ft. Worth Ex Rel. Roach-Manigan Paving Co. v. RosenCourt of Appeals of Texas · 1918
- Roberts v. StateCourt of Criminal Appeals of Texas · 1918