Dial v. Crain
Texas Supreme Court
Appeal from Harrison. Suit April 21st, 1847, by appellant to recover from the appellee five aeres of land west from and adjoining the town of Marshall, and damages.
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Appeal from Harrison. Suit April 21st, 1847, by appellant to recover from the appellee five aeres of land west from and adjoining the town of Marshall, and damages. The petition was in the usual form in the action of trespass to try titles, averring that plaintiff’s intestate, Abner P. Vaughn, was the legal owner of the land in his lifetime; that the defendant Crain entered into the samo with force and arms, ami still holds possession, and prayed for the writ of possession, &c. The defendant answered, 1, by general exceptions; 2, by general denial; and 3, by special matter, in substance, that…
1Opinion of the CourtLipscomb, J.
The first point to which our attention has been called by the appellant’s counsel is the rejection of the evidence of Burris, a creditor of the ■estate of Vanglm, called by the plaintiff. The witness, when offered, being sworn to answer questions, said that he was a creditor of the estate of Vaughn. He did not know whether the estate was insolvent or not. On being *226askecl if lie believed ho would be able to collect his debt if the plaintiff lost this suit, “lie said that he understood from rumor that said estate would be insolvent unless the plaintiff gained (he suit.” This is all that tiie…
2Cited by31 opinions
- Sanborn v. MurphyTexas Supreme Court · 1894
- Alworth v. EllisonCourt of Appeals of Texas · 1930
- Givens v. DoughertyTexas Supreme Court · 1984
- Green v. PriddyTexas Supreme Court · 1923
- Priddy v. GreenCourt of Appeals of Texas · 1920
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