Hill v. Allison
Texas Supreme Court
Appeal from Collin. Tried below before the Hon. Joseph Bledsoe. Action of trespass to try title to parts of lots numbers 21 and 22, in block number 3, in the town of McKinney.
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Appeal from Collin. Tried below before the Hon. Joseph Bledsoe. Action of trespass to try title to parts of lots numbers 21 and 22, in block number 3, in the town of McKinney. Plaintiff Allison alleged that on the 31st day of December, 1874, he was the legal and equitable owner and holder of said property, and seized and possessed of the same; that on said day he leased the property to defendant by written contract, “ said lease to terminate and property to be delivered to plaintiff on the 31st day of December, 1875, and at the termination thereof defendant refused to deliver possession, and…
1Opinion of the Court
Bonner, Associate Justice.
By a familiar rule, the pleadings of the plaintiff" must be taken most strongly against him. Their legal effect, as shown by his affirmative allegations, is, that he and the defendant claim title to the lots in controversy from a common source,—the defendant claiming through the plaintiff, first, under a lease from him, and, second, under a subsequent sheriff’s deed purporting to convey the title of plaintiff to him.
*393In anticipation of defendant’s answer, and in the nature of a plea in confession and avoidance of his title, the plaintiff, in the first instance, by…
2Cited by10 opinions
- Ogden & Johnson v. BosseTexas Supreme Court · 1894
- Prætorians v. StricklandTexas Commission of Appeals · 1933
- Houston Oil Co. v. ChoateTexas Commission of Appeals · 1921
- Peters v. HangerCourt of Appeals for the Fourth Circuit · 1904
- Sebastian v. Martin Brown Co.Court of Appeals of Texas · 1889
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