Orr v. O'Brien
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. P. Richardson. Suit instituted July 29, 1873, appellants claiming the lots in controversy as the heirs of Wm. S. Orr. Originally this was an action of trespass to try title to lots Nos. 7 and 8, in block No. 70, in Austin City; subsequently, by amendment, changed to a suit for partition and to try title.
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Appeal from Travis. Tried below before the Hon. J. P. Richardson. Suit instituted July 29, 1873, appellants claiming the lots in controversy as the heirs of Wm. S. Orr. Originally this was an action of trespass to try title to lots Nos. 7 and 8, in block No. 70, in Austin City; subsequently, by amendment, changed to a suit for partition and to try title. This amendment was filed June 1, 1874. Defendant filed, June 16, 1874, two amended answers, in one of which was pleaded the statutes of limitation and occu.pancy for more than one year in good faith, with valuable improvements; the other sets…
1Opinion of the Court
Watts, J. Com. App.
The appellants claim title to one-half of the property in controversy as the heirs of their deceased father, W. S. Orr, alleging his death in 1845, and that the property belonged to the community of their said father and their mother, Martha J. Orr.
Appellee claims title to the whole of the property sued for. The record shows, and both parties claim, a regular title from the sovereignty of the soil down to the estate of Orr, and it is admitted by appellants that there is a regular chain of transfers from William Custard to the appellee. It is claimed by appellee that Custard…
2Cases cited3 opinions
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