Baker v. Compton
Texas Supreme Court
Appeal from Washington. ■ Tried below before the Hon. E. B. Turner. O. M. Baker and B. Baker brought this suit on the 21st of December, 1878, in trespass to try title, against J. L. Compton, E. C. Einney, and others, to recover lot 57 in the city of Brenham, claiming title to and possession of the same on the 1st day of January, 1871. On the 11th of January, 1879, appellees answered by general demurrer, plea of misjoinder of parties, and plea of not guilty; also special plea…
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Appeal from Washington. ■ Tried below before the Hon. E. B. Turner. O. M. Baker and B. Baker brought this suit on the 21st of December, 1878, in trespass to try title, against J. L. Compton, E. C. Einney, and others, to recover lot 57 in the city of Brenham, claiming title to and possession of the same on the 1st day of January, 1871. On the 11th of January, 1879, appellees answered by general demurrer, plea of misjoinder of parties, and plea of not guilty; also special plea alleging that prior to the purchase of said lot by appellants the same had been sold by A. Testard, under whom both…
1Opinion of the Court
Gould, Associate Justice.
Appellants, Baker and wife, brought this action of trespass to try title to a lot in the city of Bren ham, claiming it as the separate property of Mrs. Baker. Mrs. Baker’s title was evidenced by a deed from W. W. Simmons of date ^November 2, 1862, Simmons having bought of A. Testard, from whom defendants also deraign their title, on September 3, 1860, executing his notes for an unpaid balance of the purchase-money, and receiving a deed which recited the notes. The title of defendants was under an execution sale had on January 5,1869, by virtue of a judgment in the…
2Cases cited20 opinions
- Cordova v. HoodSupreme Court of the United States · 1873
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
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- Monroe v. BuchananTexas Supreme Court · 1863
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3Cited by31 opinions
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