Peak v. Swindle
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. A. S. Lathrop. Suit of trespass to try title and for partition, brought by C. C. Swindle, his wife, Mary Louisa Swindle, and others, against Jefferson Peak and other persons.
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Appeal from Dallas. Tried below before the Hon. A. S. Lathrop. Suit of trespass to try title and for partition, brought by C. C. Swindle, his wife, Mary Louisa Swindle, and others, against Jefferson Peak and other persons. Suit was begun August 18, 1874. On the twenty-second of October, 1881, Maria Louisa Swindle and her husband sought to recover an undivided three-eighteenths, and the plaintiff D. B. Grigsby an undivided two-eighteenths of the James A. Sylvester six hundred and forty acre survey in Dallas county, and of a certain portion, described by metes and bounds, of the John Grigsby…
1Opinion of the Court
Stayton, Associate Justice.
A history of this case may be found in the cases of Caruth v. Grigsby, and Grigsby v. Peak, reported in 57 Texas.
In the case last mentioned, it was held that the title of the appellee was superior to that asserted by the appellant, and that she was entitled to recover unless her right was defeated by limitation.
The brief of counsel for appellant presents some questions-which were definitely settled on the former appeal, upon facts the same as are presented by the record before us; but as to those we see no reason to doubt the correctness of the former, decision and…
2Cases cited2 opinions
- Grigsby v. PeakTexas Supreme Court · 1882
- French v. StrumbergTexas Supreme Court · 1879
3Cited by24 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- Thomas v. Southwestern Settlement & Development Co.Texas Supreme Court · 1939
- Landa v. ObertTexas Supreme Court · 1890
- Findlay v. State of TexasTexas Supreme Court · 1923
- Barfield v. Holland, Texas Court of Appeals, 12th District (Tyler)1992
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