Stone v. Day
Texas Supreme Court
Appeal from Somervell. Tried below before the Hon. T. L. Nugent. This suit was commenced by the appellee, A. Day, against the appellants, I. Stone, Rosa, Sarah and Zatie Stone, to try title to three lots, situated in Cleburne, and to recover possession thereof with rents and damages. Verdict and judgment in favor of the appellee for the land and for one thousand two hundred and thirty-eight dollars and fifty cents for his damages, from which appellants prosecute this appeal.
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Appeal from Somervell. Tried below before the Hon. T. L. Nugent. This suit was commenced by the appellee, A. Day, against the appellants, I. Stone, Rosa, Sarah and Zatie Stone, to try title to three lots, situated in Cleburne, and to recover possession thereof with rents and damages. Verdict and judgment in favor of the appellee for the land and for one thousand two hundred and thirty-eight dollars and fifty cents for his damages, from which appellants prosecute this appeal. Appellee alleged in his petition that, on the fifteenth of December, 1877, the appellant L Stone purchased from Lorance…
1Opinion of the Court
Maltbie, Judge.
It will be observed that appellee’s exceptions are but little more than an amplification of the general demurrer, and that he does not except to appellant’s special answer on account of defective statements or want of fullness in the allegations, and hence all reasonable intendments will be indulged in favor of the pleading. Although the personal property alleged by I. Stone to be in Johnson county is not described nor its value stated, except in comparison with the amount due on the executions, yet these allegations are believed to be good under the exceptions urged, and the…
2Cases cited1 opinion
- Odle v. Frost, Barry & LeeTexas Supreme Court · 1883
3Cited by17 opinions
- Morris v. HastingsTexas Supreme Court · 1888
- Ann BASLEY, Laura Hale, Lindell L. Hale, and Vickie Hale Whitt, Appellants, v. ADONI HOLDINGS, LLC, and Dodeka, LLC, Appellees, Texas Court of Appeals, 6th District (Texarkana)2012
- McCarty v. GappelbergCourt of Appeals of Texas · 1954
- Graham v. KesselerCourt of Appeals of Texas · 1916
- Walker v. TaylorCourt of Appeals of Texas · 1911
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