Legal Opinion

Truehart v. McMichael

Texas Supreme Court

Decided July 1, 1876PublishedCited by 7 opinions

Appeal from Hopkins. Tried below before the Hon. Green J. Clark. H. M. Truehart, August 23,1872, brought an action of trespass to try title to a tract of 687 acres of land in Hopkins county, against W. 8. McMichael. The defendant pleaded not guilty. The petition, amended, set out, by metes and bounds, the land claimed, and the chain of title.

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Appeal from Hopkins. Tried below before the Hon. Green J. Clark. H. M. Truehart, August 23,1872, brought an action of trespass to try title to a tract of 687 acres of land in Hopkins county, against W. 8. McMichael. The defendant pleaded not guilty. The petition, amended, set out, by metes and bounds, the land claimed, and the chain of title. September 5th, 1876, defendant amended, and pleaded ten years’ adverse possession, claiming the land under the 17th section of the Statute of Limitations. On the trial, September 6, 1876, the plaintiff read in evielenco Ms title; wMch, as to all its…

1Opinion of the Court

Moore, Associate Justice.

This is an action of trespass to try title, brought hy appellant H. M. Truehart against appellee W. S. McMichael, for six hundred and eighty-seven acres of land in Hopkins county, patented to John S. Thorn, assignee of Dolores Padillo.

On the trial of the case in the District Court, the defendant admitted that the chain of title, upon which plaintiff relied ' to maintain the action, was perfect, except the copy of the judgment of the District Court of Galveston county, in the case of Henry M. Truehart v. Martin A. Otis and others, relied upon by plaintiff, to show that…

2Cases cited3 opinions

  1. Word v. DrouthettTexas Supreme Court · 1875
  2. Wood v. WelderTexas Supreme Court · 1874
  3. Alexander v. GilliamTexas Supreme Court · 1873

3Cited by7 opinions

  1. Moran v. MoseleyCourt of Appeals of Texas · 1914
  2. Overton Refining Co. v. HarmonCourt of Appeals of Texas · 1935
  3. Dotson v. MossTexas Supreme Court · 1882
  4. Free v. OwenTexas Supreme Court · 1938
  5. Walker v. McKemieSupreme Court of Oklahoma · 1914

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