Edrington v. Newland
Texas Supreme Court
Appeal from Brazos. Tried below before the Hon. Spencer Ford. Action of trespass to try title, brought by Edrington against Newland, to recover two certain lots described in the petition, lying in the city of Bryan, with the houses and improvements thereon.
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Appeal from Brazos. Tried below before the Hon. Spencer Ford. Action of trespass to try title, brought by Edrington against Newland, to recover two certain lots described in the petition, lying in the city of Bryan, with the houses and improvements thereon. Simultaneously with the filing of the petition, with appropriate allegations therefor, the .plaintiff prayed for and sued out against the property a writ of sequestration on the 13th of December, 1877, which was executed the same day by the sheriff. The defendant did not replevy; he answered by a general demurrer and general denial. He…
1Opinion of the Court
Walker, P. J. Com. App.
The question most prominent and important in this case is one of pleading and practice. It is not whether the plaintiff had rights under the facts of the case for the successful maintenance of which he might have sued and recovered upon appropriate allegations and a proper prayer for relief, but it is distinctly questioned by the defendants whether he is entitled upon such facts to recover in a suit brought in form of an action of trespass to try title, alleging ownership, right of possession, followed by the usual prayer for the recovery of possession of the premises.…
2Cases cited9 opinions
- Cannon v. HemphillTexas Supreme Court · 1851
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- Duty v. GrahamTexas Supreme Court · 1854
- Denison v. LeagueTexas Supreme Court · 1856
- Paul v. PerezTexas Supreme Court · 1851
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3Cited by20 opinions
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- Hill v. PrestonTexas Supreme Court · 1931
- Stephens v. MotlTexas Supreme Court · 1891
- Ferguson v. DickinsonCourt of Appeals of Texas · 1911
- McLemore v. BickerstaffCourt of Appeals of Texas · 1915
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