Legal Opinion

Gallagher v. Bennett's Heirs

Texas Supreme Court

Decided July 1, 1873PublishedCited by 7 opinions

. Appeal from Harris. Tried below before the Hon. James Masterson.

1Opinion of the CourtWalker, J.

P. W. Bennett brought this suit against the appellant to recover rent and the possession of a lot in the city of Houston.

On the sixth of August, 1861, Bennett executed a lease, for a term of twelve years, to the husband of appellant, with rent reserved. Mrs. Gallagher and her husband paid the rents to Bennett, acknowledging their possession under him, until 1867, when she refused to allow the rents to Bennett. Suit was not brought until the eighth of March, 1869.

John Gallagher, the husband, having died, the appellant, in an amended answer, sets up that though her husband leased the lot from…

2Cases cited4 opinions

  1. Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
  2. Andrews v. RichardsonTexas Supreme Court · 1858
  3. Gleim v. RiseSupreme Court of Pennsylvania · 1837
  4. Horton v. CrawfordTexas Supreme Court · 1853

3Cited by7 opinions

  1. Hartzog v. Seeger Coal Co.Court of Appeals of Texas · 1914
  2. B. F. Avery & Sons' Plow Co. v. KennerlyTexas Commission of Appeals · 1929
  3. Texas Land Co. v. TurmanTexas Supreme Court · 1880
  4. Gillian v. DayCourt of Appeals of Texas · 1944
  5. Crockett v. AlthouseMissouri Court of Appeals · 1889

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