Doty v. Barnard
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Johnson County. Doty et al. sued Barnard et al. in trespass to try title and recovered judgment, which, on defendant’s appeal, the Court of Civil Appeals reversed and rendered judgment for appellants. Plaintiffs, appellees, thereupon obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
At some time prior to 1860 M. P. Ellis, being then married to Sarah Ellis, acquired 836 acres of land in the Thomas Chandler survey, situated in Johnson County. The land was community property of Ellis and wife.
On December 26, 1862, Ellis conveyed to G-. M. Pierce 250 acres by metes and bounds off of the northwest and west part of his tract, not however reaching the south boundary line of the tract. Afterwards Ellis conveyed 320 acres of land described by metes and bounds to M. Fournoy, intending to convey that much out of his tract in the Chandler survey, but the…
2Cases cited4 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
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- Fox v. WindesSupreme Court of Missouri · 1895
- Chloupek v. PerotkaWisconsin Supreme Court · 1895
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