Legal Opinion

Allen v. Boggess

Texas Supreme Court

Decided October 18, 1900No. 934PublishedCited by 26 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Harris County. John A. Boggess and others brought suit in trespass to try title against A. C. Allen and others. Plaintiffs recovered a part only of the land sued for, and on their appeal the judgment was reversed and rendered in their favor for the whole. Defendants (appellees) thereupon obtained writ of error.

1Opinion of the Court

WILLIAMS, Associate Justice.

The defendants in error sued in trespasss to try title in the District Court to recover twenty-six acres of land, their petition, besides the general allegation of title, asserting title also by limitation. The defendants pleaded not guilty. The District Court gave judgment for plaintiffs for fourteen acres upon their claim of title by limitation, but denied a recovery of the remaining twelve acres, holding that it was a separate tract from the fourteen acres and that plaintiffs’ possession of the latter did not extend to the former. On appeal, the Court of Civil…

2Cases cited2 opinions

  1. House v. ReavisTexas Supreme Court · 1896
  2. Turner v. MooreTexas Supreme Court · 1891

3Cited by26 opinions

  1. Simonds v. Stanolind Oil & Gas Co.Texas Supreme Court · 1938
  2. McKee v. E. R. StewarTexas Supreme Court · 1942
  3. Houston Oil Co. v. ChoateCourt of Appeals of Texas · 1919
  4. Walker v. MaynardCourt of Appeals of Texas · 1930
  5. Houston Oil Co. of Texas v. William M. Rice InstituteCourt of Appeals of Texas · 1917

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