Lanier v. Perryman
Texas Supreme Court
Appeal from Liberty. Tried below before the Hon. Edward Hobby. Action of trespass to try title brought by appellant to recover two tracts of land in Liberty county, Texas. On the 10th day of August, 1874, Lanier Bros. & Co. recovered a judgment in the district court of Liberty county against R. M. Perryman, one of the appellees, for the sum of $3,411.58. On the 2d day of October, 1874, execution was issued upon that judgment to the sheriff of Liberty county.
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Appeal from Liberty. Tried below before the Hon. Edward Hobby. Action of trespass to try title brought by appellant to recover two tracts of land in Liberty county, Texas. On the 10th day of August, 1874, Lanier Bros. & Co. recovered a judgment in the district court of Liberty county against R. M. Perryman, one of the appellees, for the sum of $3,411.58. On the 2d day of October, 1874, execution was issued upon that judgment to the sheriff of Liberty county. The court-house and all the records were burned. Shortly afterwards suit was brought to substitute the destroyed judgment, which was…
1Opinion of the Court
West, Associate Justice.—
There was in this case an order, entered during the term, authorizing the statement of facts to be filed within ten days after the adjournment of court. This event occurred on the 10th of April, 1880. The statement of facts was not filed until the 23d of April, 1880. The order entered below, being thus disregarded in this respect, this statement contained in the record will not be examined by this court. McGuire v. Newbill, 58 Tex., 314; Ross v. McGowan, 58 Tex., 603; R. S., art. 1379. In the absence of such a statement, this court cannot in this case determine…
2Cases cited16 opinions
- Ross v. McGowenTexas Supreme Court · 1883
- Pfeuffer v. MaltbyTexas Supreme Court · 1881
- Hutchins v. WadeTexas Supreme Court · 1857
- Smith v. TuckerTexas Supreme Court · 1860
- Fulshear v. RandonTexas Supreme Court · 1857
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3Cited by4 opinions
- Jones v. StateCourt of Criminal Appeals of Texas · 1893
- Collins v. Ball, Hutchings & Co.Texas Supreme Court · 1891
- Wilcox v. LeagueCourt of Appeals of Texas · 1902
- West Texas Transp. Co. v. HashCourt of Appeals of Texas · 1931