Capt v. Stubbs
Texas Supreme Court
Appeal from Blanco., Tried below before R. H. Ward, Esq., special judge. In addition to what is apparent from the opinion, it may be added that, when this case was called for trial, February 5. 1886, appellees announced ready. Appellants refused to answer, and objected to the trial proceeding, because the case was not regularly reached on the docket. The court ordered the trial to proceed.
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Appeal from Blanco., Tried below before R. H. Ward, Esq., special judge. In addition to what is apparent from the opinion, it may be added that, when this case was called for trial, February 5. 1886, appellees announced ready. Appellants refused to answer, and objected to the trial proceeding, because the case was not regularly reached on the docket. The court ordered the trial to proceed. Appellants excepted, and to the appellants’ exceptions the court explained: “ After the demurrer had been acted on, and before announcement on the facts, a disagreement occurred between counsel as to what…
1Opinion of the Court
Gaines, Associate Justice.
This was an action of trespass to try title, brought by appellees against appellants Robert B. Capt and John Augerstein to recover a tract of land patented to Jacob DeCordova as assignee of Thomas J. Callahan. . The orignal defendants above named set up that they were tenants of Felix W. Capt, who subsequently appeared and made himself a party defendant.
Appellees introduced in evidence the patent to Cordova to the land in controversy, an order of sale of the county court of Bosque county directing L. B. Davis as administrator of the estate of Jacob DeCordova,…
2Cases cited8 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Fitch v. BoyerTexas Supreme Court · 1879
- Shields v. HuntTexas Supreme Court · 1876
- Johnson v. TimmonsTexas Supreme Court · 1878
- Fisher v. WoodTexas Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- McCampbell v. DurstCourt of Appeals of Texas · 1897
- Richardson v. KentCourt of Appeals of Texas · 1932
- Pure Oil Co. v. TunnellTexas Supreme Court · 1935
- Vogt v. Bexar CountyCourt of Appeals of Texas · 1897
- American Realty Corp. v. TinklerCourt of Appeals of Texas · 1937
15 more not listed; retrieve them via the Exa API.