Grinnan v. Dean
Texas Supreme Court
Appeal from Wood. Tried below before the Hon. Felix J. McCord. Callaway Dean filed his petition on the 21st day of May, A. D. 1883, alleging that on the 8th day of May, 1883, plaintiff was lawfully seized and possessed of an undivided half interest of one thousand four hundred and seventy-six acres of land. That on that date, appellants entered and ejected plaintiff therefrom, wherefore he sued for restitution of the land, for damages, costs of suit and for partition.
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Appeal from Wood. Tried below before the Hon. Felix J. McCord. Callaway Dean filed his petition on the 21st day of May, A. D. 1883, alleging that on the 8th day of May, 1883, plaintiff was lawfully seized and possessed of an undivided half interest of one thousand four hundred and seventy-six acres of land. That on that date, appellants entered and ejected plaintiff therefrom, wherefore he sued for restitution of the land, for damages, costs of suit and for partition. Defendants filed their answer, consisting of a general denial and a plea of not guilty,— the principal defense being that of…
1Opinion of the Court
Willie, Chief Justice.
This was an action of trespass to try title, brought for the recovery of the undivided one-half of a third of a league of land originally granted to Joel C. Bradford, and to have the same partitioned and set apart from the remainder of the tract. Both parties to the suit claimed under Otis M. Wheeler as a common source of title, and plaintiff proved a regular chain of mesne conveyances from Wheeler to himself of an undivided half, as did the defendant of the other half of the tract. Defendant, however, set up title to the portion claimed by plaintiff, on the ground that…
2Cases cited4 opinions
- Eason v. EasonTexas Supreme Court · 1884
- Supreme Council of A. L. of H. v. AndersonTexas Supreme Court · 1884
- Andrews v. SmithwickTexas Supreme Court · 1857
- Smock v. TandyTexas Supreme Court · 1866
3Cited by10 opinions
- Barfield v. Howard M. Smith Company of AmarilloTexas Supreme Court · 1968
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1896
- Bynum v. PrestonTexas Supreme Court · 1887
- Guarantee Mutual Life Insurance Co. v. HarrisonCourt of Appeals of Texas · 1962
- Kempner v. ThompsonCourt of Appeals of Texas · 1907
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