Highsmith v. Ussery
Texas Supreme Court
Appeal from Guadaloupe. The case was tried before William B. Leigh, Esq., chosen as special judge, under the cónstitution, because of the interest of Hon. A. W. Terrell, one of the district judges. The plaintiffs below sued Ussery and others, who were purchasers under him, to recover a league of land, which had been granted to their ancestor, Samuel Highsmith.
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Appeal from Guadaloupe. The case was tried before William B. Leigh, Esq., chosen as special judge, under the cónstitution, because of the interest of Hon. A. W. Terrell, one of the district judges. The plaintiffs below sued Ussery and others, who were purchasers under him, to recover a league of land, which had been granted to their ancestor, Samuel Highsmith. The defendants plead not guilty, and the “general denial ” known to the Texas system: the limitation of .three years, and of five years, and the suggestion of improvements. There were various amendments to the petition, one of which…
1Opinion of the CourtRoberts, J.
—That the running of the statute of limitations was not stopped by the previous suit, brought and dismissed for the want of prosecution, was decided by this court in Shields v. Boone, 22 Tex., 193.
Although some of the defendants have not shown such possession as would sustain the plea of the statute of limitations, they have shown a good title in Boone, under whom the rest hold, provided the sheriff’s sale to Lockhart, the vendor of Boone, was valid.
The objection to that sale is presented in the bill of exceptions, taken by the appellants, to the exclusion of their testimony by the court, by…
2Cases cited1 opinion
- Shields v. BooneTexas Supreme Court · 1858
3Cited by3 opinions
- Tex. & Pac. R'y Co. v. HardinTexas Supreme Court · 1884
- Cabell v. HollowayCourt of Appeals of Texas · 1895
- Gibbs v. LesterCourt of Appeals of Texas · 1930