Flanary v. Wade
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District in an appeal from Bosque County. Woods sued Flanary and wife for the recovery of land claimed under sale and execution. Wade intervened claiming title to a half interest in the land under the same sale, and appealed from a judgment denying him a recovery of the land. The appellate court reversed this and rendered judgment in favor of Wade for a half interest in the land.
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Error to the Court of Civil Appeals for the Second District in an appeal from Bosque County. Woods sued Flanary and wife for the recovery of land claimed under sale and execution. Wade intervened claiming title to a half interest in the land under the same sale, and appealed from a judgment denying him a recovery of the land. The appellate court reversed this and rendered judgment in favor of Wade for a half interest in the land. Flanary and wife thereupon obtained a writ of error.
1Opinion of the CourtJustice Brown
By written contract Tom Wood employed N. J. Wade, an attorney, to file a suit in the District Court of Bosque County against W. J. Flanary for damages. By the contract Wood agreed to give to Wade one-third of the land recovered in the suit. The contract was duly filed among the papers of the suit of Wood against Flanary. On the 13th day of September, 1902, Wood recovered a judgment in that case against Flanary for the sum of $2,400 from which judgment Flanary appealed to the Court of Civil Appeals and perfected his appeal in that court, but did not give a supersedeas bond.
Flanary owned two…
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