Woolfolk v. Ricketts
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. B. S. Walker. This was an action of trespass to try title, instituted on the 13th day of March, A. D. 1871, in the District Court of Cherokee county, by E. J. Ricketts and his wife, Angelina Ricketts, plaintiffs, against Mary A. Woolfolk, defendant, for the. recovery of fourteen acres of land,'east of and adjacent to the town of Rusk.
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Appeal from Cherokee. Tried below before the Hon. B. S. Walker. This was an action of trespass to try title, instituted on the 13th day of March, A. D. 1871, in the District Court of Cherokee county, by E. J. Ricketts and his wife, Angelina Ricketts, plaintiffs, against Mary A. Woolfolk, defendant, for the. recovery of fourteen acres of land,'east of and adjacent to the town of Rusk. Plaintiffs, in their original petition, alleged joint ownership generally of the land sued for; hut in their amended petition, filed October 10, 1876, they set up and claim the same as their homestead, and the…
1Opinion of the Court
Moore, Associate Justice.
A jury having been waived, the only question which it is necessary for us to consider in this case, is whether the judgment is warranted by the evidence, and the principles of law applicable thereto.
After a careful examination of the record, and giving full *36weight to every reasonable presumption which can be fairly urged in support of the conclusion of the court, we feel constrained to say, that the evidence is, in our opinion, wholly insufficient to authorize or maintain its judgment. As was said when this case was before us on a former appeal, (41 Tex., 358,) it…
2Cases cited3 opinions
- Houston & Great Northern R. R. v. WinterTexas Supreme Court · 1876
- Castro v. IlliesTexas Supreme Court · 1858
- Woolfolk v. RicketsTexas Supreme Court · 1874
3Cited by27 opinions
- Hudgins v. ThompsonTexas Supreme Court · 1919
- Thomas v. WilliamsTexas Supreme Court · 1878
- West v. Austin National BankCourt of Appeals of Texas · 1968
- Slavin v. WheelerTexas Supreme Court · 1884
- Thigpen v. RussellCourt of Appeals of Texas · 1909
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