Burns v. Ledbetter
Texas Supreme Court
Appear from Fayette. Tried below before the Hon. J. B. McFarland. • Suit in trespass to try title, brought by the appellant, Ledbetter, under statute authorizing the plaintiff to bring a second suit within twelve months against the appellees, Burns and wife, to recover, or quiet the title to, certain town lots in the town of La Grange; and at the same time, by an injunction, to restrain them from using and causing to be executed, a writ of restitution, awarded them by a…
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Appear from Fayette. Tried below before the Hon. J. B. McFarland. • Suit in trespass to try title, brought by the appellant, Ledbetter, under statute authorizing the plaintiff to bring a second suit within twelve months against the appellees, Burns and wife, to recover, or quiet the title to, certain town lots in the town of La Grange; and at the same time, by an injunction, to restrain them from using and causing to be executed, a writ of restitution, awarded them by a former judgment in a suit by the same plaintiff against the same defendants, for the same property. On the 8th of November,…
1Opinion of the Court
Watts, Commissioner.
The appellant, Ledbetter, claims the lots in controversy, first, under the sheriff’s sale made by virtue of the judgment, in favor of Doxey’s administrators against Burns and wife, foreclosing the vendor’s hen upon the same. Secondly, by and through the condemnation and sale of the lots for the taxes due thereon.
He purchased the lots at sheriff’s sale under the Doxey judgment, after an appeal had been taken and perfected by Burns and wife, and while that appeal was pending. The bond given by Burns and wife to perfect this appeal was for costs and damages, and conditioned…
2Cases cited10 opinions
- Howard v. NorthTexas Supreme Court · 1849
- McDonough v. CrossTexas Supreme Court · 1874
- Horan v. WahrenbergerTexas Supreme Court · 1852
- Andrews v. RichardsonTexas Supreme Court · 1858
- Bailey's Adm'r v. WhiteTexas Supreme Court · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Jones v. WilliamsTexas Supreme Court · 1931
- Burns v. LedbetterTexas Supreme Court · 1882
- Leet v. ArmbrusterCalifornia Supreme Court · 1904
- House v. RobertsonTexas Supreme Court · 1896
12 more not listed; retrieve them via the Exa API.