Legal Opinion

Fleming v. Canterbury

Court of Appeals of Texas

Decided January 27, 1922No. 2489Published

Appeal from District Court, Red River County; Ben H. Denton, Judge. Action by Mary Fleming, Dewey Henderson, and others against O. O. Canterbury. Judgment for defendant against plaintiffs other than Dewey Henderson, and such other plaintiffs appeal. By a deed dated November 21, 1890, J. H. Whiteman and his wife conveyed 75 acres, more or less, of land in Red River county, to Jesse Crawford and Gen. Henderson.

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Appeal from District Court, Red River County; Ben H. Denton, Judge. Action by Mary Fleming, Dewey Henderson, and others against O. O. Canterbury. Judgment for defendant against plaintiffs other than Dewey Henderson, and such other plaintiffs appeal. By a deed dated November 21, 1890, J. H. Whiteman and his wife conveyed 75 acres, more or less, of land in Red River county, to Jesse Crawford and Gen. Henderson. The consideration for the conveyance was $275 cash paid by Crawford and Henderson, and their three notes for $275 each, due January 1, 1S92, 1893, and 1894, respectively. Henderson died…

1Opinion of the Court

It appears from the record that the trial court based the judgment entirely on the finding of the jury set out in the statement above. Therefore the judgment should be reversed, if the contention presented by propositions in appellants' brief, to wit, that the testimony did not authorize the finding so far as it was that the possession of appellee and those under whom he claimed was adverse and continuous for a period of ten years before the suit was filed, should be sustained. Careful consideration of the testimony has convinced us that the contention should be sustained.

It appeared that…

2Cases cited3 opinions

  1. Dunn v. TaylorTexas Supreme Court · 1908
  2. Woods v. HullTexas Supreme Court · 1896
  3. Parsons v. HubbardCourt of Appeals of Texas · 1920

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