Hays v. T. & P. R'y Co.
Texas Supreme Court
Appeal from Wood. Tried below before the Hon. Felix J. McCord. This was an action of trespass to try title and for damages, brought by C. S. Hays against the railway company, to recover land described in appellant’s petition, and $100 as damages. The action was in the usual form; tbe petition alleged possession and ownership in fee simple of the land, and the unlawful entry, ejectment of plaintiff, and the withholding from possession on part of defendant.
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Appeal from Wood. Tried below before the Hon. Felix J. McCord. This was an action of trespass to try title and for damages, brought by C. S. Hays against the railway company, to recover land described in appellant’s petition, and $100 as damages. The action was in the usual form; tbe petition alleged possession and ownership in fee simple of the land, and the unlawful entry, ejectment of plaintiff, and the withholding from possession on part of defendant. The railway company answered by general demurrer, plea of not guilty, and set up statute of limitations for ten years. Judgment was…
1Opinion of the Court
Willie, Chief Justice.
This cause was submitted to the judge below upon the law and the facts, and he has placed upon record his reasons for the judgment rendered by him. The court found that, because the appellee claimed only a right of way over the land in controversy at the time it was purchased by Hays, as also at the time the suit was commenced, the action of trespass to try title could not be maintained. The reasons which led the court to this conclusion seem to be, that a mere claim to the right of way over the land did not interfere with the title of Hays or his vendor, and was not…
2Cases cited13 opinions
- Buffalo Bayou, Brazos & Colorado Railroad v. FerrisTexas Supreme Court · 1863
- Bradley v. New-York & New-Haven Rail-RoadSupreme Court of Connecticut · 1851
- Galveston, H. & S. A. R. R. Co. v. Pfeuffer & IrelandTexas Supreme Court · 1881
- Calking v. BaldwinNew York Supreme Court · 1830
- Strong v. . City of BrooklynNew York Court of Appeals · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Texas Western Railway Co. v. WilsonTexas Supreme Court · 1892
- Rocha v. CamposCourt of Appeals of Texas · 1978
- Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913
- Hollan v. StateCourt of Appeals of Texas · 1957
18 more not listed; retrieve them via the Exa API.