Durst v. McCampbell
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for the First District, in appeal from Nueces County. Mary J. Durst et al. brought suit in the District Court of Cameron County, against J. S. McCampbell, to remove cloud from title and cancel deeds. Plaintiffs recovered judgment, which was reversed by the Supreme Court on defendants’ appeal.
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Application for writ of error to the Court of Civil Appeals for the First District, in appeal from Nueces County. Mary J. Durst et al. brought suit in the District Court of Cameron County, against J. S. McCampbell, to remove cloud from title and cancel deeds. Plaintiffs recovered judgment, which was reversed by the Supreme Court on defendants’ appeal. McCampbell v. Durst, 73 Texas, 410. The venue being changed to Nueces County, plaintiffs again had judgment, and upon defendant’s appeal it was again reversed by the Court of Civil Appeals. 40 S. W. Rep., 315. Appellees, plaintiffs below, then…
1Opinion of the Court
This is an application for a writ of error to a judgment of the Court of Civil Appeals which reversed the judgment of the District Court and remanded the cause. In order to show jurisdiction in this court, it is alleged in the petition for the writ that the decision of the Court of Civil Appeals is in conflict with the decision of the Supreme Court in the same case reported in 73 Tex. 410, upon the question whether or not the action was barred by the statute of limitations of four years. It is impossible to determine from the report of the case upon the former appeal whether that question was…
2Cases cited1 opinion
- McCampbell v. DurstTexas Supreme Court · 1889
3Cited by14 opinions
- Neill v. Pure Oil Co.Court of Appeals of Texas · 1937
- Johnston v. StephensTexas Supreme Court · 1932
- Commander v. BryanCourt of Appeals of Texas · 1938
- Benham v. Benham, Texas Court of Appeals, 7th District (Amarillo)1987
- Crier v. CowdenCourt of Appeals of Texas · 1923
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