Fidelity Lumber Co. v. Bendy
Court of Appeals of Texas
Appeal from District Court, Tyler County; D. F. Singleton, Judge. Suit by Mrs. M. C. Bendy and others against the Fidelity Lumber Company. From judgment for plaintiffs, defendant appeals.
1Opinion of the CourtWalker, J.
This suit involved title to the timber on the 440-acre Prescott survey in Tyler county, and was instituted by J. A. Mooney and Mrs. M. O. Bendy, joined by her husband, H. W. Bendy, as plaintiffs, against the Fidelity Lumber Company, as defendant. They also prayed for damages to the timber occasioned by turpentine operations. J. 'C. Haralson was the common source of title, and the proof showed that title was vested in him under an agreement with Moone'y, plaintiff ED. W. Bendy, and David Russell, whereby he was to hold the land in trust for them for the purpose of selling the timber to S. F.…
2Cases cited4 opinions
- Rice v. St. Louis, Arkansas & Texas Railway Co.Texas Supreme Court · 1894
- Montgomery v. TrueheartCourt of Appeals of Texas · 1912
- Dooley v. MontgomeryTexas Supreme Court · 1889
- Fisher v. Dow Bros.Texas Supreme Court · 1889
3Cited by6 opinions
- Hill v. FosterCourt of Appeals of Texas · 1944
- Parks v. PowellCourt of Appeals of Texas · 1932
- Cadle Co. v. Caamano, Texas Court of Appeals, 14th District (Houston)1996
- Leatherman v. HoltCourt of Appeals of Texas · 1948
- Parks v. PowellCourt of Appeals of Texas · 1932
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