Custard v. Musgrove
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. P. Richardson. The opinion states the case. A number of questions were raised on exception, and presented in the assignment of errors in this case, which were argued at some length on both sides; but since the decision turned on a single point, reference to them is omitted.
1Opinion of the Court
Roberts, Chief Justice.
Appellant brought suit against appellee, to recover one third interest in lots 4, 5, and 6, in *219block 146, in the city of Austin. His action was, in form, trespass to try title, with a prayer for damages and for partition.
The appellee answered by a general denial, a plea of not guilty, and a special plea of superior title in himself to the entire interest in the lots.
The special plea alleged that said lots, with other lots and tracts of land, formerly belonged to appellant Walter Custard, his brother William, and his sister Mary Bans, as tenants in common; that after…
2Cases cited2 opinions
- Shields v. HuntTexas Supreme Court · 1876
- Rivers v. FooteTexas Supreme Court · 1854
3Cited by16 opinions
- Cooke v. AverySupreme Court of the United States · 1893
- Lindley v. MowellCourt of Appeals of Texas · 1950
- Stevens v. PalmourCourt of Appeals of Texas · 1925
- Taylor v. DanleySupreme Court of Kansas · 1911
- Fenn v. BoxwellCourt of Appeals of Texas · 1958
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