Willis v. Smith
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. W. H. Burkhart. This suit was instituted November 8, 1882, in the district court of Brazoria county, by E. E. Smith against B. S. Willis, for the recovery of a league of land situated in that county, known as the David Tally league, and for $17,000 damages for use and occupancy, etc.
Read the full summary
Appeal from Brazoria. Tried below before the Hon. W. H. Burkhart. This suit was instituted November 8, 1882, in the district court of Brazoria county, by E. E. Smith against B. S. Willis, for the recovery of a league of land situated in that county, known as the David Tally league, and for $17,000 damages for use and occupancy, etc. The amended original petition, filed November 6, 1883, alleged that plaintiff was, on the first Tuesday in August, 1881, and continued to be, the owner, and entitled to the possession of the Tally league of land, situated in Brazoria county, Texas, (describing it…
1Opinion of the Court
Robertson, Associate Justice.
There was no error in overruling the defendants’ demurrer to the plaintiff’s petition. The equity of redemption is not extinguished by the decree of foreclosure, until the decree is executed by sale. The plaintiff, by his purchase between the decrees and the sales under them, became the owner of the right to redeem. If the sales were unfair, the plaintiff and not the estate of Epperson, was wronged. If the sales could be set aside, the plaintiff and not Epperson’s estate had the right to perfect his title by discharging the encumbrances. There was no proof,…
2Cited by31 opinions
- Cooke v. AverySupreme Court of the United States · 1893
- Jackson v. TemplinTexas Commission of Appeals · 1933
- Richards v. RuleTexas Commission of Appeals · 1919
- Harris v. MayfieldTexas Commission of Appeals · 1924
- Fulkerson's Adm'x. v. TaylorSupreme Court of Virginia · 1904
26 more not listed; retrieve them via the Exa API.