Legal Opinion

Smith v. Milam

Court of Appeals of Texas

Decided December 23, 1911PublishedCited by 8 opinions

Appeal from District Court, Erath County; W. J. Oxford, Judge. Action by John E. Smith against Dave Milam. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtDunklin, J.

J.- E. Smith instituted this suit against Dave Milam to recover title and possession of a tract of land. By virtue of a writ of sequestration sued out by plaintiff, the defendant was ousted of possession of the land on January 8, 1910, and, by plea in re-convention, he sued the plaintiff for damages, upon allegations that the writ was wrongfully issued. Interpreted in the light of the court’s charge, the verdict of the jury shows a finding that Milam rented from Smith, for the year 1910, 66 acres of the land sued for, under a contract that Milam would furnish the labor necessary to cultivate,…

2Cases cited7 opinions

  1. Houston East & West Texas Railway Co. v. RunnelsTexas Supreme Court · 1898
  2. Crews v. CortezTexas Supreme Court · 1908
  3. Frank Heierman & Bro. v. RobinsonCourt of Appeals of Texas · 1901
  4. McCormick v. KampmannTexas Supreme Court · 1908
  5. Steely v. Texas Improvement Co.Court of Appeals of Texas · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Bolt v. State Savings Bank of ManchesterCourt of Appeals of Texas · 1912
  2. Bradshaw v. Kearby KearbyCourt of Appeals of Texas · 1914
  3. Lott v. BallewCourt of Appeals of Texas · 1917
  4. Drinkard v. AndertonCourt of Appeals of Texas · 1926
  5. Duke v. HatcherCourt of Appeals of Texas · 1918

3 more not listed; retrieve them via the Exa API.

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