Marsh v. Hubbard
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. M. H. Bonner. January 15, 1877, E. B. Hubbard brought an action of trespass to try title in the ordinary form against W. H. Marsh and A. A. Letchworth for a house and lot in the town of Tyler. ' The defendants pleaded not guilty, and, by amendment, set out the facts constituting the claim to title by both parties. March 13, 1878, the cause was tried.
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Appeal from Smith. Tried below before the Hon. M. H. Bonner. January 15, 1877, E. B. Hubbard brought an action of trespass to try title in the ordinary form against W. H. Marsh and A. A. Letchworth for a house and lot in the town of Tyler. ' The defendants pleaded not guilty, and, by amendment, set out the facts constituting the claim to title by both parties. March 13, 1878, the cause was tried. The testimony was, in substance, as follows: Willis Eoberts is the common source of title. Hubbard derived title as follows: On the 30th of August, 1873, Willis Eoberts, with E. B. Hubbard as his…
1Opinion of the Court
Gould, Associate Justice.
This was an action of trespass to try title to a lot in the city of Tyler, the plaintiff Hubbard claiming as purchaser at a sale made by himself as trustee in a deed of trust from Willis Roberts and wife, and the defendants, Marsh and Letchworth, claiming as purchasers at a sale under execution against said Willis Roberts, made prior to the trust sale, but subsequent and.subject to the prior lien of the trust deed.
Hubbard became security for Willis Roberts on his note for $5,375.63 to Burnett & Co., due January 1,1874, and the deed of trust expresses that it is to be…
2Cases cited3 opinions
- Howards v. DavisTexas Supreme Court · 1851
- Scott v. MannTexas Supreme Court · 1871
- James v. JacquesTexas Supreme Court · 1862
3Cited by15 opinions
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Connolly v. HammondTexas Supreme Court · 1879
- Randolph v. AllenCourt of Appeals for the Fifth Circuit · 1896
- Heiner v. Homeland Realty Co.Court of Appeals of Texas · 1936
- French v. MayCourt of Appeals of Texas · 1972
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