Legal Opinion

Williams v. Ball

Texas Supreme Court

Decided November 5, 1879PublishedCited by 49 opinions

Appeal from Delta. Tried below before the TIou. Green J. Clark. Suit by S. L. Ball, J. D. Pickens, and R. H. Capers, on the 9th of February, 1877, against John S. Williams, appellant, in trespass to try title for sixty-four acres of land situate in Delta county. The plaintiffs, by their fourth amended petition filed August 8,1878, claimed title by purchase at sheriff’s sale, under a judgment rendered in Lamar county, in a Justice’s Court, against A. S. Howell.

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Appeal from Delta. Tried below before the TIou. Green J. Clark. Suit by S. L. Ball, J. D. Pickens, and R. H. Capers, on the 9th of February, 1877, against John S. Williams, appellant, in trespass to try title for sixty-four acres of land situate in Delta county. The plaintiffs, by their fourth amended petition filed August 8,1878, claimed title by purchase at sheriff’s sale, under a judgment rendered in Lamar county, in a Justice’s Court, against A. S. Howell. They alleged that Howell derived title by purchase from Hutchins and wife, and they from one Cunningham. Allegations explanatory of…

1Opinion of the Court

Bonner, Associate Justice.

To the introduction in evidence in this case of the judgment of E. Miles, a justice of the peace, in the suit before him of Overstreet & Rogers y. A. S. *607Howell, and which was a material link in plaintiff’s chain of title, it was objected, by the' defendant, that “the judgment failed to recite or show that A. S. Howell was ever legally' cited, or waived service, or had his day in court, when said cause was tried.”

The admission of the certified copy of the judgment of the justice of the peace, over this objection, is assigned as error, and brings up for our…

2Cases cited11 opinions

  1. Thatcher v. PowellSupreme Court of the United States · 1821
  2. Guilford v. LoveTexas Supreme Court · 1878
  3. Hendrick v. WhittemoreMassachusetts Supreme Judicial Court · 1870
  4. Martin v. CommonwealthMassachusetts Supreme Judicial Court · 1805
  5. Davis v. RankinTexas Supreme Court · 1878

6 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Crawford v. McDonaldTexas Supreme Court · 1895
  2. Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
  3. Williams v. CastlemanTexas Supreme Court · 1922
  4. Clayton v. HurtTexas Supreme Court · 1895
  5. Tarrant County v. ShannonTexas Supreme Court · 1937

44 more not listed; retrieve them via the Exa API.

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