Wright v. Daily
Texas Supreme Court
Error from Houston. Tried below before the Hon. 0. A. Frazer. This was an action of trespass to try title to a league of land in Houston county, brought by the appellant against the appellees on the 23d of September, 1857. The land in controversy was the headright of Edward Tyler. The plaintiff derived his title under a sale of the land by executions against Edward Tyler, at which sale, Charles Chevalier, the plaintiff in execution, was the purchaser.
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Error from Houston. Tried below before the Hon. 0. A. Frazer. This was an action of trespass to try title to a league of land in Houston county, brought by the appellant against the appellees on the 23d of September, 1857. The land in controversy was the headright of Edward Tyler. The plaintiff derived his title under a sale of the land by executions against Edward Tyler, at which sale, Charles Chevalier, the plaintiff in execution, was the purchaser. The plaintiff purchased the land at a sale of Chevalier’s administrator, admitted to be regular. The defendant pleaded not guilty, the…
1Opinion of the CourtBell, J.
We are of opinion that there is error in the judgment of the court below for which it must be reversed.
We think the court below erred in permitting the declarations of Gen. Rusk, made subsequent to the sale of the land by the sheriff, to go to the jury as evidence. But even those declarations, taken in connection with the other evidence in the case, did not show that the plaintiff was not entitled to recover. It was not shown that Gen. Rusk was authorized by Chevalier to receive property in payment and satisfaction of the notes, or of the judgments; and nothing that could be construed into a…
2Cited by19 opinions
- Burnham v. Hardy Oil Co.Texas Supreme Court · 1917
- Blum v. RogersTexas Supreme Court · 1888
- Wiley v. MahoodWest Virginia Supreme Court · 1877
- Grigsby v. MayTexas Supreme Court · 1892
- League v. RoganTexas Supreme Court · 1883
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