Berry v. Powell
Court of Appeals of Texas
Appeal from the District Court of Harrison County. Tried below before Hon. Bichard B. Levy.
1Opinion of the Court
BOOKHOUT, Associate Justice.
—On January 26, 1905, appellee D. W. Powell filed in the District Court of Harrison County, Texas, his original petition, wherein he sought judgment against Charles W. Staples, defendant, on certain vendor lien notes described in said petition, and also a foreclosure of his vendor’s lien upon the land in controversy. Charles W. Staples answered, alleging a breach of warranty of title and setting up title to one-half the land in Emily Berry, of Orange County, North Carolina. On May 9, 1905, Emily Berry filed her original answer in which she claims title against both…
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