Legal Opinion

McDannell v. Horrell

Texas Commission of Appeals

Decided June 24, 1880No. Case No. 3842PublishedCited by 1 opinion

Error from Lampasas. Tried below before the Hon. W. A. Blackburn. This was an action of trespass to try title brought in district court of Lampasas county on September 15, 1877, by plaintiff in error against the defendant in error, to recover lot 1 in block 3 of East Lampasas. The petition was in the ordinary form used in such suits.

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Error from Lampasas. Tried below before the Hon. W. A. Blackburn. This was an action of trespass to try title brought in district court of Lampasas county on September 15, 1877, by plaintiff in error against the defendant in error, to recover lot 1 in block 3 of East Lampasas. The petition was in the ordinary form used in such suits. On September 27, 1877, defendant answered by a general denial, and specially that on and since February 19, 1876, she and her husband, M. Horrell, now deceased, were residing on said lot, occupying it as a homestead, and continued to reside thereon until the…

1Opinion of the CourtWalkeb, P. J.

The plaintiff relied upon a deed of conveyance from M. Horrell and his wife, the defendant, Martha E. Horrell, to him of the land in dispute, dated the 19th day of February, 1876, which, together with the certificate of acknowledgment, was by him read in evidence to the jury. The certificate of acknowledgment reads as follows, to wit:

The State op Texas, Lampasas County.

“ Before me, A. P. Anderson, district clerk of said county, personally appeared M. Horrell and his wife, M. E. Horrell, both to me well known, and acknowledged that they signed the foregoing deed (the said M. E. by making her…

2Cases cited8 opinions

  1. Williams v. PounsTexas Supreme Court · 1877
  2. Hartley v. FroshTexas Supreme Court · 1851
  3. L. M. Wiley & Co. v. PrinceTexas Supreme Court · 1858
  4. Mills v. AlexanderTexas Supreme Court · 1858
  5. Pool v. E. H. Chase & Co.Texas Supreme Court · 1876

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

3Cited by1 opinion

  1. Masterson v. HarringtonCourt of Appeals of Texas · 1912

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