Nye v. Hawkins
Texas Supreme Court
Appeal from Matagorda. Tried below, before the Hon. Wm. H. Burkhart. This cause, as it appears in 59 Tex. 97, is an action of trespass to try title. By the amended original petition, it was converted into a suit to establish a disputed boundary line. The general and special exceptions of the defendant’s second amended original answer were ' sustained, and the case dismissed. The facts' are sufficiently stated in the opinion of the court.
1Opinion of the Court
Stayton, Associate Justice.
This cause was before this court at a former term and is reported in 59 Tex. 97. The action, as it then stood, was one of trespass to try title, the petition containing the averments usual and necessary in such an action. Since the former judgment was reversed and the cause remanded, the petition has been amended. By the petition, as amended, the plaintiff neither asserts that the defendants have, or ever had, possession of the land, or any part of the land claimed by him, which he describes by metes and bounds, nor that they have ever asserted claim thereto. R. S.,…
2Cases cited4 opinions
- George v. ThomasTexas Supreme Court · 1856
- Doggett v. HartSupreme Court of Florida · 1853
- Perry v. PrattSupreme Court of Connecticut · 1863
- Hawkins v. NyeTexas Supreme Court · 1883
3Cited by5 opinions
- Stanolind Oil & Gas Co. v. StateTexas Supreme Court · 1939
- Weaver v. VandervanterTexas Supreme Court · 1892
- Perry v. LucasHawaii Supreme Court · 1898
- Weaver v. VandervanterTexas Supreme Court · 1892
- Stanolind Oil & Gas Co. v. StateTexas Supreme Court · 1939