Pearson v. Flanagan
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. A. J. Booty. On the 23d of January, 1877, appellee, James W. Flanagan, brought suit in the District Court of Rusk county against the appellant, Pleasant II. Pearson, in trespass to try title for the Ezekiel Norris survey of six hundred and forty acres of land in Rusk county, and, in addition, petitioned the court to cancel a deed • to appellant for some land from the sheriff of Rusk county for fraud and inadequacy of price.
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Appeal from Rusk. Tried below before the Hon. A. J. Booty. On the 23d of January, 1877, appellee, James W. Flanagan, brought suit in the District Court of Rusk county against the appellant, Pleasant II. Pearson, in trespass to try title for the Ezekiel Norris survey of six hundred and forty acres of land in Rusk county, and, in addition, petitioned the court to cancel a deed • to appellant for some land from the sheriff of Rusk county for fraud and inadequacy of price. On the 20th of January, 1879, appellee filed an amended original petition, alleging, in substance, that appellant owned and…
1Opinion of the Court
Bonner, Associate Justice.
This is a suit brought by appellee, James W. Flanagan, against appellant, Pleasant- H. Pearson, to recover the Ezekiel Norris six hundred and forty acres of land, and is also in the nature of an equitable proceeding on the part of James W. Flanagan, as defendant in execution, to set aside the execution sale of this land, at which Pearson, plaintiff in execution, was the purchaser.
Two of the most important questions presented by the pleadings of appellant-, Pearson, defendant below, (that of the statute of limitations and that of the laches on the part of appellee,…
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