Legal Opinion

Smith v. Cook

Court of Appeals of Texas

Decided November 11, 1911Published

Appeal from District Court, Cottle County; Jo. A. P. Dickson, Judge. Trespass to try title by J. M. Smith against H. P. Cook, in which defendant brought a cross-bill against his warrantor of title. Judgment for defendant, and that he should take nothing on his cross-bill, and plaintiff appeals.

1Opinion of the CourtPresler, J.

This is a suit by appellant in the court below, in form of trespass to try title, for the recovery of lot 10, in block No. 7, in the town of Paducah, Cottle county, Tex., and for damages. Appellee H. P. Cook answered by a general denial, plea of not guilty, improvements in good faith and also vouched in his vendor, A. A. Neff, on his warranty of title, and also alleged against said Neff that he (the said Neff) had agreed with defendant H. P. Cook, after it was discovered that appellant was claiming title to the land that if he (Cook) should complete the erection of the building already begun…

2Cases cited9 opinions

  1. F. J. Harrison & Co. v. BoringTexas Supreme Court · 1875
  2. Richardson v. LeviTexas Supreme Court · 1887
  3. Threadgill v. BickerstaffTexas Supreme Court · 1895
  4. Hunter v. EasthamTexas Supreme Court · 1902
  5. Rodgers v. BurchardTexas Supreme Court · 1871

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