Legal Opinion

Kilgore v. Jordan

Texas Supreme Court

Decided July 1, 1856PublishedCited by 48 opinions

Appeal from Rusk. Tried below before the Hon. William W. Morris. Action of trespass to try title to three hundred and twenty acres of land, by appellee against appellant, commenced Oct. 17th, 1853. Plaintiff introduced a deed to himself from D. C. Clark,, in whom it was agreed the title was at the date of the deed, to wit: March 22nd, 1851, and proved that defendant was in possession at the commencement of the suit.

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Appeal from Rusk. Tried below before the Hon. William W. Morris. Action of trespass to try title to three hundred and twenty acres of land, by appellee against appellant, commenced Oct. 17th, 1853. Plaintiff introduced a deed to himself from D. C. Clark,, in whom it was agreed the title was at the date of the deed, to wit: March 22nd, 1851, and proved that defendant was in possession at the commencement of the suit. The deed acknowledged the receipt of §640 as the consideration thereof, from Jordan by Clark, the grantor. The defendant then introduced Wm. H. Estill, whose testimony is stated…

1Opinion of the Court

Hemphill, Ch. J.

The errors assigned are,

1st. In refusing charge No. 1, asked by counsel for the defendant.

2nd. In refusing to grant a new trial.

3rd. The finding of the jury was contrary to the law and the evidence.

The first assignment has been abandoned, and we will consider very briefly the second, viz : the refusal to grant a new trial. This was sought first on the ground of newly discovered evidence. 2nd. The unexpected absence of pamphlet Acts of the Legislature, which contained matter material to the defence, and which counsel could not find when the cause was announced for trial,…

2Cases cited1 opinion

  1. Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819

3Cited by48 opinions

  1. Taylor v. CatalonTexas Supreme Court · 1942
  2. Scranton v. StewartIndiana Supreme Court · 1875
  3. Galbraith v. BishopTexas Commission of Appeals · 1926
  4. Caylat v. Houston E. & W. T. Ry. Co.Texas Commission of Appeals · 1923
  5. Caylat v. Houston East & West Texas Railway Co.Texas Supreme Court · 1923

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