Machon v. Randle
Texas Supreme Court
Error from McLennan. Tried below before the Hon. B. W. Rimes. This was an action of trespass to try title. The answer of defendant, James Machón, contained a general exception, general denial, and plea of “not guilty.” The trial resulted in a verdict and judgment for plaintiff. Motions for new trial and in arrest of judgment were overruled. Farm lot eighteen of the city of Waco was immediately west of Eighth street, and between that street and farm lot twenty.
Read the full summary
Error from McLennan. Tried below before the Hon. B. W. Rimes. This was an action of trespass to try title. The answer of defendant, James Machón, contained a general exception, general denial, and plea of “not guilty.” The trial resulted in a verdict and judgment for plaintiff. Motions for new trial and in arrest of judgment were overruled. Farm lot eighteen of the city of Waco was immediately west of Eighth street, and between that street and farm lot twenty. These were two of four farm lots owned by George Barnard. In 1867 he sold two acres on the east end of lot twenty to T. C. Richey, and…
1Opinion of the Court
Stayton, Associate Justice.
This is, for all practical purposes and in form, save the indorsement, an action of trespass to try title, in which the petition gives such description of the lot sought to be-recovered as identifies it by its location in relation to other property. The description given is more specific than that given in many cases in which the description has been held sufficient. On demurrer, the description would be held sufficient.
The defenses filed were a general demurrer and the plea of “not guilty,” and the first of these was not even called to the attention of the court…
2Cases cited1 opinion
- Denison v. LeagueTexas Supreme Court · 1856
3Cited by2 opinions
- Maier v. StateCourt of Appeals of Texas · 1893
- Halsell v. BelcherCourt of Appeals of Texas · 1894