Legal Opinion

Dillingham v. Kerr

Court of Appeals of Texas

Decided June 23, 1911PublishedCited by 10 opinions

Error from District Court, Tyler County; W. B. Powell, Judge. Action by Calloway Kerr and others against Charles Dillingham, receiver of the Houston Oil Company of Texas. There was a judgment for plaintiffs, and defendant brings error.

1Opinion of the CourtMcMEANS, J.

This suit was brought by Calloway Kerr and numerous other plaintiffs, heirs of Hugh Kerr, deceased, against Charles Dillingham, receiver of the Houston Oil Company of Texas, for the recovery of the title and possession of the Hugh Kerr 160-acre pre-emption survey of land in Tyler county.

The defendant answered by general denial, plea of not guilty, pleas of limitation of three, five, and ten years, and further pleaded specially as follows: “Said defendant, further answering, says that he deraigns title by mesne conveyance from J. K. P. Holland; that on the 13th day of November, 1875, Hugh…

2Cases cited5 opinions

  1. Moore v. GieseckeTexas Supreme Court · 1890
  2. Estes v. BrowningTexas Supreme Court · 1853
  3. G. W. Tom & Wife v. WollhoeferTexas Supreme Court · 1884
  4. Thompson v. RobinsonTexas Supreme Court · 1899
  5. Erwin v. DanielsCourt of Appeals of Texas · 1904

3Cited by10 opinions

  1. Walls v. CruseTexas Commission of Appeals · 1921
  2. Simmons v. HarrisSupreme Court of Oklahoma · 1924
  3. West Lumber Co. v. HendersonCourt of Appeals of Texas · 1922
  4. Seaboard Bank & Trust Co. v. AmunyCourt of Appeals of Texas · 1928
  5. Slaughter v. QuallsCourt of Appeals of Texas · 1941

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