Legal Opinion

Truehart v. Babcock

Texas Supreme Court

Decided July 1, 1878PublishedCited by 4 opinions

Appeal from Galveston. Tried below before the Hon. William H. Stewart. This was an action of trespass to try title. The appellee went upon the land in controversy on the 18th of July, 1852, under a deed from one F. W. Baumgarten, which deed recited the payment of. ten dollars at the time of the conveyance, and recited, further, that the heirs of Gray-son and others having set up pretended claim or claims to the land, the appellee should make no further payment upon the said…

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Appeal from Galveston. Tried below before the Hon. William H. Stewart. This was an action of trespass to try title. The appellee went upon the land in controversy on the 18th of July, 1852, under a deed from one F. W. Baumgarten, which deed recited the payment of. ten dollars at the time of the conveyance, and recited, further, that the heirs of Gray-son and others having set up pretended claim or claims to the land, the appellee should make no further payment upon the said land until Baumgarten should procure from the State of Texas, and deliver to the appellee, a patent to the 640 acres of…

1Opinion of the Court

Roberts, Chief Justice.—This

case was advanced for a hearing out of its order, upon motion of appellants.

The assignment of error relied on was the error of the court in the third subdivision of the charge.

The propositions designed to raise the questions on this charge were too numerous and minute in the subdivision of the points of objection, and, as a consequence, caused the matters in the record, stated under each, to be too much detached and often repeated, instead of being combined under one or two propositions, that would have more forcibly and appropriately presented the grounds of…

2Cases cited6 opinions

  1. Smith v. PowerTexas Supreme Court · 1859
  2. Wood v. WelderTexas Supreme Court · 1874
  3. Yancey v. NorrisTexas Supreme Court · 1863
  4. Austin v. DunganTexas Supreme Court · 1876
  5. Sulphen v. NorrisTexas Supreme Court · 1875

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

3Cited by4 opinions

  1. Westrope v. ChambersTexas Supreme Court · 1879
  2. Collyns v. CainCourt of Appeals of Texas · 1894
  3. Foster v. Gulf Oil CorporationCourt of Appeals of Texas · 1960
  4. Thomas v. ClineCourt of Appeals of Texas · 1940

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