Flanagan v. Boggess
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. M. D. Ector. December 5, 1873, J. W. Flanagan, as the administrator of George Pierce, brought an action of trespass to try title against Braziel Boggess, for 640 acres- of land, the headlight of David Brown. Giles Boggess, jr., made himself a party defendant as landlord of the original defendant, setting up title by purchase of the land at tax sale, and limitation of five years under the tax deed, duly recorded, &c.
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Appeal from Rusk. Tried below before the Hon. M. D. Ector. December 5, 1873, J. W. Flanagan, as the administrator of George Pierce, brought an action of trespass to try title against Braziel Boggess, for 640 acres- of land, the headlight of David Brown. Giles Boggess, jr., made himself a party defendant as landlord of the original defendant, setting up title by purchase of the land at tax sale, and limitation of five years under the tax deed, duly recorded, &c. In support of his title, plaintiff read in evidence a copy of a patent to Brown, and the papers in á suit by the heirs of David Brown…
1Opinion of the Court
Gould, Associate Justice.
Under the charge of the court, it is evident that the jury found for the defendant on the plea of five years’ limitation, and not upon the ground that the deed from the assessor and collector conveyed a valid title. *334It is not, therefore, necessary to inquire whether the court erred in allowing Giles Boggess to testify as to the regularity of the advertisements of the tax sale, for if this was an error, it is apparent that it could have had no influence on the result of the trial. An erroneous ruling in admitting evidence authorizes a reversal, where it may have…
2Cases cited3 opinions
- Wofford v. McKinnaTexas Supreme Court · 1859
- Kilpatrick v. SisnerosTexas Supreme Court · 1859
- McNeese v. HerringTexas Supreme Court · 1852
3Cited by31 opinions
- Miller v. HodgesTexas Commission of Appeals · 1924
- Norris v. HuntTexas Supreme Court · 1879
- Cox v. HartSupreme Court of the United States · 1892
- Campbell v. TrimbleCourt of Appeals of Texas · 1889
- Carter v. Town of La GrangeTexas Supreme Court · 1884
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