Allen v. Read
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. J. R. Kennard. This case was before the supreme court at a former term, and is reported in 56 Tex., 182. The facts were about as follows: On March 12, 1873, Anna Perry, now Mrs. Walker, one of the appellants, brought suit in the district court of Houston county, against all the appellees, except Mrs. Thompson and Mrs. Jeffus, whose husbands, however, were sued, for an undivided half of the Jose, A. Aughinbaugh league of land,…
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Appeal from Houston. Tried below before the Hon. J. R. Kennard. This case was before the supreme court at a former term, and is reported in 56 Tex., 182. The facts were about as follows: On March 12, 1873, Anna Perry, now Mrs. Walker, one of the appellants, brought suit in the district court of Houston county, against all the appellees, except Mrs. Thompson and Mrs. Jeffus, whose husbands, however, were sued, for an undivided half of the Jose, A. Aughinbaugh league of land, in that county. The petition alleged title to an undivided half of the league, and prayed judgment for the possession of…
1Opinion of the Court
Stayton, Associate Justice.
The plea in abatement was not filed in due order of pleading, and had it been, it does not appear that it was sufficient, if admitted to be true, to abate this action as to Mrs. Jeffus ; for it appears that the prior suit, set up as a ground to abate this, did not involve, at the time this action was brought, the same matters.
The second, third, ninth, eighteenth, nineteenth, twentieth, twenty-first, twenty-third, twenty-seventh and twenty-eighth assignments of error, raise the same questions as to the right of the plaintiffs to maintain this action, which were…
2Cases cited5 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- McKelvain v. AllenTexas Supreme Court · 1883
- Read v. AllenTexas Supreme Court · 1882
- Stovall v. CarmichaelTexas Supreme Court · 1880
- Read v. AllenTexas Supreme Court · 1882
3Cited by30 opinions
- Texas & New Orleans Railroad v. SpeightsTexas Supreme Court · 1901
- Frugia v. TrueheartCourt of Appeals of Texas · 1908
- Spotts v. HanleyCalifornia Supreme Court · 1890
- Amarillo Oil Co. v. Ranch Creek Oil & Gas Co.Court of Appeals of Texas · 1925
- Long v. LongCourt of Appeals of Texas · 1925
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