Teal v. Terrell
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. T. C. Barden. This suit was brought August 30, 1872, by C. L. Terrell, John W. Stevenson, and his wife Frances, who, before her intermarriage with Stevenson, was the widow of Barnes Simms, deceased, and by James, Marcellus, Robert, and Alice Simms, and against Anna Teal, who is the widow of Peter Teal, deceased, and against the children of said Peter and Anna, viz., Mary, Kate, James Teal, and Julia Teal Murphy, with her…
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Appeal from Victoria. Tried below before the Hon. T. C. Barden. This suit was brought August 30, 1872, by C. L. Terrell, John W. Stevenson, and his wife Frances, who, before her intermarriage with Stevenson, was the widow of Barnes Simms, deceased, and by James, Marcellus, Robert, and Alice Simms, and against Anna Teal, who is the widow of Peter Teal, deceased, and against the children of said Peter and Anna, viz., Mary, Kate, James Teal, and Julia Teal Murphy, with her husband. John B. Sideck, from whom both parties derive title, obtained two grants, each for-a league of land. One grant was…
1Opinion of the Court
Moore, Associate Justice.
Unquestionably, the land which is the subject-matter of this suit is a part of the tract for which E. G. Sevier and wife, from whom appellees deraign their title, brought the suit upon which the appellants rely to maintain their defense of res adjudicata. But an inspection of the record of that suit shows, beyond question, that the claim of Sevier and wife to the land for which appellees sue was not adjudicated against them.
Although the defendants pleaded not guilty, yet, by their special pleas, they limited the issues to be adjudicated (Rivers v. Foote, 11 Tex., 662)…
2Cases cited3 opinions
- May v. SladeTexas Supreme Court · 1859
- Rivers v. FooteTexas Supreme Court · 1854
- Teal v. SevierTexas Supreme Court · 1863
3Cited by38 opinions
- James v. JamesTexas Supreme Court · 1891
- Hermann v. AllenTexas Supreme Court · 1910
- Rackley v. FowlkesTexas Supreme Court · 1896
- Cavitt v. AmslerCourt of Appeals of Texas · 1922
- Williams v. WileyTexas Supreme Court · 1902
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