Martin v. Brown
Texas Supreme Court
Appeal from McMullen. Tried below before the Hon. D. P. Marr. On March 1,1884, appellants brought this suit against appellee to recover sections No. 6 and 10 of school lands situated in McMullen county, and containing six hundred and forty acres each, and to cancel a patent issued to appellee therefor, etc., alleging in substance that: Applications for the purchase of these two sections of land were filed by R. H. Brown, the appellee, who was the defendant below, in the name…
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Appeal from McMullen. Tried below before the Hon. D. P. Marr. On March 1,1884, appellants brought this suit against appellee to recover sections No. 6 and 10 of school lands situated in McMullen county, and containing six hundred and forty acres each, and to cancel a patent issued to appellee therefor, etc., alleging in substance that: Applications for the purchase of these two sections of land were filed by R. H. Brown, the appellee, who was the defendant below, in the name of G. J. Vanmeter, in the surveyor’s office of county of McMullen on January 10, 1882. On the 15th of February, 1882,…
1Opinion of the Court
Watts, J. Com. App.
In passing upon the petition as tested by the general demurrer, the court should consider everything as prop*469erly alleged which by reasonable construction is embraced within the allegations contained in the petition. And everything which is so alleged must be considered as admitted by the demurrer.
The demurrer here admitted that the application to purchase the land in the name of Vanmeter was fictitious, made by appellee for his own benefit, for the purpose of withholding the land from the market until such time as he might determine to purchase the same for himself.
But the…
2Cited by8 opinions
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- International & Great Northern Railway Co. v. HinzieTexas Supreme Court · 1891
- City of San Antonio v. BodemanCourt of Appeals of Texas · 1914
- Gibbens v. BourlandCourt of Appeals of Texas · 1912
- Metzler v. JohnsonCourt of Appeals of Texas · 1892
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