Fisk v. Miller
Texas Supreme Court
Error from Travis. Action of trespass to try title to three town lots in the city of Austin, by Miller and wife against Fisk and Hiram B. Hill and wife. Hill and wife were cited by publication and failed to appear.
Read the full summary
Error from Travis. Action of trespass to try title to three town lots in the city of Austin, by Miller and wife against Fisk and Hiram B. Hill and wife. Hill and wife were cited by publication and failed to appear. In the original petition the plaintiffs alleged title in Mrs. Hill as assignee of certificates of purchase at public sales of Austin town lots by the Government, and the title of Mrs. Miller, formerly Catherine Schneider, stating the facts as afterwards found in the special verdict, but not stating that there was any receipt in writing for part of the purchase money. The petition…
1Opinion of the CourtLipscomb, J.
There is no statement of facts in this case, but there is a special verdict finding the facts in the case, and the judgment and decree were entered up by the Court on the facts so found. The special verdict is in substance as follows: that there was a mortgage executed by Hiram B. Hill to Thomas G. Western, on the 15th of January, 1846, upon three town lots in the city of Austin, Nos. 9, 10 and 11, in block 100, to secure the payment of a note for eighty dollars, payable in sixty days after date, and dated the 16th of January, 1846 ; that the mortgage was transferred by Western to Catherine…
2Cited by4 opinions
- Stephens v. MotlTexas Supreme Court · 1891
- Grimes v. WatkinsTexas Supreme Court · 1883
- Gulf, C. S. F. Ry. v. James B. CharlesCourt of Appeals of Texas · 1914
- McMahan v. BusbyTexas Supreme Court · 1867