Legal Opinion

Gordon v. McCall

Court of Appeals of Texas

Decided January 18, 1899PublishedCited by 13 opinions

Appeal from Brown. Tried below before Hon. J. 0. Woodward. Appellant’s first and second assignments were based on objections to the introduction of deeds because of misdescriptions stated as follows: “Plaintiff sued for the E 1-4 sec. Ho. 2, of the H. T. & B. B. B. Co. sur. The deed (from Lacey and wife to Gordon, Sutiles, and McCall) offered is for the E 1-4 of see. Ho. 2, of the H. T. B. B. Co. sur.”

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Appeal from Brown. Tried below before Hon. J. 0. Woodward. Appellant’s first and second assignments were based on objections to the introduction of deeds because of misdescriptions stated as follows: “Plaintiff sued for the E 1-4 sec. Ho. 2, of the H. T. & B. B. B. Co. sur. The deed (from Lacey and wife to Gordon, Sutiles, and McCall) offered is for the E 1-4 of see. Ho. 2, of the H. T. B. B. Co. sur.” The deéd from Gordon to Suttles and McCall purports to convey 160 acres out of the H. T. & C. R. B. Co. sur., abs. 508.” The answer of Mrs. Suttles to interrogatory 6, copied in the opinion,…

1Opinion of the Court

FISHER, Chief Justice.

McCall, as plaintiff below, brought this suit, in the nature of an action of trespass to try title, against appellants E. B. Gordon, S. A. Gordon, Thomas Sillmam, J. T. Downing, and Wm. Fowler, to recover three certain tracts of land described in the plaintiff’s petition. Defendants pleaded not guilty and ten years limitation, and E. B. Gordon and wife, S. A. Gordon, set up a homestead claim in 200 acres of the land in controversy, alleging that at the time that E. B. Gordon executed a certain deed to the plaintiff and one J. B. Suttles, in October, 1887, conveying the…

2Cases cited2 opinions

  1. Swearingen v. BassettTexas Supreme Court · 1886
  2. Wagoner v. RuplyTexas Supreme Court · 1888

3Cited by13 opinions

  1. Postal Savings & Loan Ass'n v. PowellCourt of Appeals of Texas · 1931
  2. Producers' Oil Co. v. SnyderCourt of Appeals of Texas · 1916
  3. Phillips v. C. Palomo & SonsCourt of Appeals for the Fifth Circuit · 1959
  4. Britain v. RiceCourt of Appeals of Texas · 1916
  5. Leonard v. TorranceCourt of Appeals of Texas · 1919

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