Linn v. Le Compte
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. George H. Hoonan. Adele Le Compte, December 11,1860, brought trespass to try title against Jacob Linn, for a lot in the city of San Antonio. Pending the suit, plaintiff sold to her sister, Maria Le Compte, who thereafter prosecuted the suit as plaintiff.
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Appeal from Bexar. Tried below before the Hon. George H. Hoonan. Adele Le Compte, December 11,1860, brought trespass to try title against Jacob Linn, for a lot in the city of San Antonio. Pending the suit, plaintiff sold to her sister, Maria Le Compte, who thereafter prosecuted the suit as plaintiff. The defendant set up title to the lot under a sheriff’s sale, under a judgment in favor of one A. Fretillier and against Jesus Perez, through whom plaintiff claimed title The evidence showed an unrecorded contract for the sale of the lot in question, of date March 11, 1858, between Jesus Perez…
1Opinion of the Court
Gould, Associate Justice.
The second motion for new trial was made more than two days after judgment; and *442whilst it was competent for the court during the term, for good cause shown, to hear and grant such a motion, its refusal to grant it will only he revised when clearly wrong. (Puckett v. Reed, 37 Tex., 309; Wood v. Wheeler, 7 Tex., 16.)
It appears that the appellant was misled without design, and under circumstances which leave him open to the charge of being himself negligent. It further does not appear that his counsel was forced to go to trial; and in support of the action of the court,…
2Cases cited1 opinion
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