Legal Opinion

Criswell v. Ragsdale

Texas Supreme Court

Decided July 1, 1857PublishedCited by 10 opinions

Appeal from Fayette. Tried below before the Hon. James H. Bell. The facts are stated in the Opinion, except that the plaintiff filed an amendment, claiming damages for cutting and carrying away timber off the land in controversy. To this amendment defendants excepted on the ground of misjoinder of actions. The exception was overruled, and appellees assigned it for error.

1Opinion of the Court

Hemphill, Ch. J.

This was an action of trespass to try title ; and the plaintiff, in support of his title, offered to read in evidence an execution for costs, in which Gustavus E. Edwards was plaintiff, and Isaac Vandorn, tutor and guardian for the minor heirs of Benj. Green, deceased, was defendant; but an objection was made and sustained to the admission of the execution in evidence, on the ground that there was no judgment upon which such execution could issue.

Edwards had sued Vandorn, tutor, &c., for partition of a league of land granted to Benjamin Green, deceased. Partition was decreed…

2Cited by10 opinions

  1. Snell v. KnowlesCourt of Appeals of Texas · 1935
  2. Roberts v. ConnelleeTexas Supreme Court · 1888
  3. Wright v. DohertyTexas Supreme Court · 1878
  4. Weber v. SnellCourt of Appeals of Texas · 1976
  5. Schuster v. RaderSupreme Court of Colorado · 1889

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