Legal Opinion

Dunn v. Epperson

Court of Appeals of Texas

Decided February 18, 1915No. 1375Published

Appeal from District Court, Titus County; I-I. F. O’Neal, Judge. Action by B. H. Epperson and others against Gordon Dunn, one Yantis and others. Judgment for plaintiffs, and defendants appeal.

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Appeal from District Court, Titus County; I-I. F. O’Neal, Judge. Action by B. H. Epperson and others against Gordon Dunn, one Yantis and others. Judgment for plaintiffs, and defendants appeal. The appellees, hereinafter referred to as plaintiffs, claiming, as the heirs of B. H. Epperson and his wife, Harriet A. Epperson, both deceased, to own 1,292 acres of the William Walker survey in Titus county, brought this suit to recover the title and possession thereof, and damages, against Gordon Dunn, E. D. Fee, G. R. Stewart, O. R. Jackson, Spill Brown, Mrs. Alice Brown, and Tom McLean. One Yantis,…

1Opinion

On Motion of Appellants Dunn, Fee, Jackson, and Stewart for Rehearing.

[7-9] In overruling assignments in which appellants Dunn and Fee, Jackson, and Stewart complained of the action of the trial court in excluding the judgment of the Marion county justice court as evidence, we said:

“It does not appear from the bill of exceptions made the basis of the assignments presenting the contention, or otherwise from parts of the record we are authorized to consider, that said appellants offered to prove that the land was sold under the judgment in question. Unless the land was lawfully sold under the…

2Cases cited3 opinions

  1. Brown v. HearonTexas Supreme Court · 1886
  2. Huff v. RileyCourt of Appeals of Texas · 1901
  3. Cahill v. BensonCourt of Appeals of Texas · 1898

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