Fain v. McCain
Court of Appeals of Texas
Appeal from District Court, Anderson County; John S. Prince, Judge. Suit by J. A. Fain and others against E. T. McCain, Clerk of District Court. Suit dismissed, and plaintiffs appeal.
1Opinion of the Court
HARPER. C. J.
This suit was brought by appellants against appellee as clerk of the district court of Anderson county to compel, by mandamus, the issuance of a writ of possession in favor of appellants for 12.01 acres of land, which had been adjudged to appellants, subject to the right of an improver in good faith to retain same by payment of the value of the land. The court sustained six special exceptions to appellants’ original petition, and appellants not seeking to amend, - the suit was dismissed, and to reverse the judgment of dismissal this appeal is prosecuted.
The first assignment is:
“Th…
2Cases cited5 opinions
- Texas Trunk Railway Co. v. Jackson Bros.Texas Supreme Court · 1893
- Fain v. NelmsCourt of Appeals of Texas · 1913
- Smith v. PowerTexas Supreme Court · 1847
- Fenton v. Farmers & Merchants National BankCourt of Appeals of Texas · 1901
- Jefferson v. McFaddinCourt of Appeals of Texas · 1915
3Cited by2 opinions
- Williams v. WrayTexas Supreme Court · 1934
- Harper v. ThompsonCourt of Appeals of Texas · 1927