George v. Thomas
Texas Supreme Court
Appeal from Wharton. This suit was brought by the appellees Wm. R. Thomas, Rob’t. S. Thomas, Wm. T. Stevens, Jno. G. Thomas and Harris Tinker.
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Appeal from Wharton. This suit was brought by the appellees Wm. R. Thomas, Rob’t. S. Thomas, Wm. T. Stevens, Jno. G. Thomas and Harris Tinker. The petition alleged that the plaintiffs were the owners of the lower half of a league of land granted to Eli Hunter as a colonist of Austin’s Colony in the year 1824; described the said league, and set forth its metes and hounds ; alleged that in the year 1826 the said Eli Hunter sold and conveyed to Freeman George the upper half of said league, to be surveyed in the following manner, viz: Beginning at the upper corner of said league No. 3, which is…
1Opinion of the CourtWheeler, J.
The demurrer was general: and it is well settled that, upon appeal from the judgment overruling a general demurrer to a petition, no grounds of demurrer will be considered which do not go to the plaintiff’s right of action. It cannot be denied, that, if, as alleged, the division line between the owners of the upper and lower halves of the league had never been run, it was the right of the parties to have it run, according to the original conveyance from Hunter to George ; *86and that it was a wrong in any one to obstruct and prevent the running of it. It is objected, that it is not averred what…
2Cases cited3 opinions
- Newsom v. Pryor's LesseeSupreme Court of the United States · 1822
- Makepeace v. BancroftMassachusetts Supreme Judicial Court · 1815
- Rockwell v. AdamsNew York Supreme Court · 1831
3Cited by38 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Harn v. SmithTexas Supreme Court · 1891
- Easterling v. SimmonsCourt of Appeals of Texas · 1927
- Neill v. WardSupreme Court of Vermont · 1930
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