Montgomery v. Carlton
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Everett Lewis. ' Suit for damages for cutting and hauling timber from the land of appellants by appellee, and to remove cloud from title to six hundred and forty acres of the land described in the plaintiffs’ petition, owned by them.
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Appeal from Colorado. Tried below before the Hon. Everett Lewis. ' Suit for damages for cutting and hauling timber from the land of appellants by appellee, and to remove cloud from title to six hundred and forty acres of the land described in the plaintiffs’ petition, owned by them. The petition was filed February 8, 1881, and was an appearance case at the March term, 1881. The defendant answered on the 11th, being default day, denying all claim to all the land described in the petition, except six hundred and forty acres, which he set out by metes and bounds, and deraigning title from the…
1Opinion of the Court
Bonner, Associate Justice.
The first two assigned errors, that the court erred in permitting the defendants to go to trial within the time within which the criminal docket had been set, and that the court erred in permitting the defendant to read from the records of deeds without previous notice, however true they may have been in point of fact, are not sustained either by bill of exceptions or otherwise by the record.
The third assigned error is that the court erred in entering judgment for the six hundred and forty acres of land set up in defendant’s answer, when said answer ad*433mitted that the…
2Cases cited1 opinion
- Norris v. HuntTexas Supreme Court · 1879
3Cited by27 opinions
- Holliday v. HollidayTexas Supreme Court · 1889
- Lawther Grain Co. v. WinnifordTexas Commission of Appeals · 1923
- Contreras v. HaynesTexas Supreme Court · 1884
- Miller v. First State Bank & Trust Co. of Santa AnnaCourt of Appeals of Texas · 1915
- Western Lumber Co. v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1915
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