Legal Opinion

Pope v. Davenport

Texas Supreme Court

Decided December 2, 1879PublishedCited by 10 opinions

Appeal from Harrison. Tried below before the Hon. A. J. Booty. Suit was brought April 20, 1870, by J. B. Scruggs, against Edmund Jones et al., freedmen, to try title to a tract of land described in the petition. J ones et al. disclaimed, and A. Pope, as landlord, intervened to defend the title. Pope died, and his death was made known to the court at the October Term, 1872; soon thereafter, J. H. and W. H. Pope, administrators of A. Pope, deceased, were made party defendants.

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Appeal from Harrison. Tried below before the Hon. A. J. Booty. Suit was brought April 20, 1870, by J. B. Scruggs, against Edmund Jones et al., freedmen, to try title to a tract of land described in the petition. J ones et al. disclaimed, and A. Pope, as landlord, intervened to defend the title. Pope died, and his death was made known to the court at the October Term, 1872; soon thereafter, J. H. and W. H. Pope, administrators of A. Pope, deceased, were made party defendants. In October, 1875, J. B. Scruggs went into voluntary bankruptcy, and that fact was made known to the court at the…

1Opinion of the Court

Bonner, Associate Justice.

In this case there are twenty-nine errors assigned. We have given them a very patient and careful consideration. To present them all in detail, would extend this opinion to great length without corresponding benefit. Hence we discuss but the two upon which we consider the case virtually depends, and briefly announce our conclusions upon the most material of those remaining.

Both parties claim under W. H. Dial as a common source of title.

It is contended by appellants, who were defendants below, that two of the links in plaintiff’s chain of title were defective; first,…

2Cases cited6 opinions

  1. Ray v. NorseworthySupreme Court of the United States · 1875
  2. Hough v. HillTexas Supreme Court · 1877
  3. Austin v. DunganTexas Supreme Court · 1876
  4. Carder v. McDermettTexas Supreme Court · 1854
  5. Holbrook v. ConeyIllinois Supreme Court · 1861

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

3Cited by10 opinions

  1. Curdy v. StaffordTexas Supreme Court · 1895
  2. Ives v. CultonTexas Commission of Appeals · 1921
  3. Ives v. CultonCourt of Appeals of Texas · 1917
  4. Klutts v. JonesNew Mexico Supreme Court · 1915
  5. Bowles v. BealTexas Supreme Court · 1883

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

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