Harris v. Catlin
Texas Supreme Court
Appeal from Waller. Tried below before the Hon. W. H. Burkhart. Suit by Douglass Harris, as administrator of the estate of John O. Whitfield, deceased, against J. H. Catlin and P. H. Swearingen, as administrator of the estate of Sarah S. Kirby, in trespass to try title to about seven hundred acres of land. The petition was filed the 14th of April, 1874. In December, 1871, Swearingen disclaimed.
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Appeal from Waller. Tried below before the Hon. W. H. Burkhart. Suit by Douglass Harris, as administrator of the estate of John O. Whitfield, deceased, against J. H. Catlin and P. H. Swearingen, as administrator of the estate of Sarah S. Kirby, in trespass to try title to about seven hundred acres of land. The petition was filed the 14th of April, 1874. In December, 1871, Swearingen disclaimed. Catlin, in May, 1875, answered by plea of not guilty, and pleaded specially that he was a purchaser at administrator’s sale of the estate of Sarah S. Kirby, deceased, on the 3d day of August, 1869,…
1Opinion of the Court
Gould, Associate Justice.
The superior title to the land sued for remained in the heirs and representatives of the estate of Whitfield, and their petition showing that fact was sufficient to support an action for the recovery of the land, unless it also disclosed some legal or equitable defense.
The legal title of the estate carried with it a legal right to the land, and in asking the enforcement of that right appellant sought no equitable relief.
The averments of the petition show that the recovery of the land is sought for, not for the purpose of rescinding the contract and enforcing a…
2Cases cited7 opinions
- Estes v. BrowningTexas Supreme Court · 1853
- Roeder v. RobsonTexas Supreme Court · 1858
- Jackson v. PalmerTexas Supreme Court · 1880
- Hill v. StillTexas Supreme Court · 1857
- Lander v. RounsavilleTexas Supreme Court · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coddington v. WellsTexas Supreme Court · 1883
- Young v. Harbin Citrus Groves, Inc.Court of Appeals of Texas · 1939
- White v. ColeCourt of Appeals of Texas · 1894
- Anderson v. DavidsonCourt of Appeals of Texas · 1955