Byrnes v. Morris
Texas Supreme Court
Error from Montague. Tried below before the Hon. J. A. Carroll. On the 11th day of August, 1877, W. C. O. Driscal brought trespass to try title against the defendants in error, in the district court of Montague county, to recover one thousand nine hundred arid thirty acres of land, a part of the F. Escobar survey.
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Error from Montague. Tried below before the Hon. J. A. Carroll. On the 11th day of August, 1877, W. C. O. Driscal brought trespass to try title against the defendants in error, in the district court of Montague county, to recover one thousand nine hundred arid thirty acres of land, a part of the F. Escobar survey. The plaintiff set forth his title specially, alleging in substance that in August, 1873, he recovered a judgment against S. S. Hunger in the district court of Harris county, Texas, for the sum of $831.16 gold; that in December, 1874, he procured to be issued on that judgment an…
1Opinion of the Court
Bonner, Associate Justice.
So much of the answer of witness Masterson, in which he says that he knew that Driscal, *218plaintiff below, had not abandoned the first sheriff’s sale of the land made on March 2, 1875, because of his “ whole course of conduct in regard thereto, and especially by his indignation at the perfidy of W. A. Morris, his agent, in trying to keep the land after buying it in for him as per agreement,” was subject to objection, as being but the conclusion of the witness and argumentative, and it was not error in the court to reject the same.
The pleadings of plaintiff Driscal were…
2Cases cited15 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Pearson v. FlanaganTexas Supreme Court · 1879
- Love v. BarberTexas Supreme Court · 1856
- Earle v. ThomasTexas Supreme Court · 1855
- Foster v. MartinTexas Supreme Court · 1857
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3Cited by15 opinions
- Miller v. Fenner, Beane & UngerleiderCourt of Appeals of Texas · 1935
- Cameron v. FayTexas Supreme Court · 1881
- Lyons v. Texorado Oil & Gas Co.Court of Appeals of Texas · 1935
- Norwood v. Alamo Fire InsuranceCourt of Appeals of Texas · 1896
- Driscoll v. MorrisCourt of Appeals of Texas · 1893
10 more not listed; retrieve them via the Exa API.