Camley v. Stanfield
Texas Supreme Court
Appeal from Harrison. This suit was commenced by'the appellee against the appellant before a justice of tlie peace, to recover the possession of certain premises in the possession of the appellant. In the justice’s court there was a verdict and judgment for the plaintiff, and a writ of possession was issued.
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Appeal from Harrison. This suit was commenced by'the appellee against the appellant before a justice of tlie peace, to recover the possession of certain premises in the possession of the appellant. In the justice’s court there was a verdict and judgment for the plaintiff, and a writ of possession was issued. When the officer went to the premises to give possession, the defendant gave a written acknowledgment that he held the possession as tenant of the plaiutitf, and would give possession on its being afterwards demanded, and was permitted to remain in the possession. Afterwards, a writ of…
1Opinion of the CourtLipscomb, J.
The identity of the land intended to he conveyed by the deed was a question of evidence to be passed upon by the jury, and if it was described with sufficient certainty as to be rendered certain by other testimony it ought to have been permitted to go to the jury. We do not think the deed was obnoxious to the objection sustained by the court to it.
If, however, as is urged by the appellee’s counsel, the deed was incompetent evidence, as going to prove title when an inquiry into the legal title was not in issue, but‘the possession only, and that the legal title or merits of the title was…
2Cited by15 opinions
- Pickett v. FergusonSupreme Court of Arkansas · 1885
- GXG, INC. v. Texacal Oil & Gas, Texas Court of Appeals, 13th District1998
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
- Texas Land Co. v. TurmanTexas Supreme Court · 1880
- MacKechney v. Temple Lumber Co.Court of Appeals of Texas · 1917
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