Phillips v. Hill
Texas Supreme Court
— Appeal from Brazoria County. This was an action of trespass to try title, brought by the appellants, who were plaintiffs in the court below.
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— Appeal from Brazoria County. This was an action of trespass to try title, brought by the appellants, who were plaintiffs in the court below. The defendants answered, and the case came up for trial at the spring term, 1845, when a special verdict, and judgment thereon, was rendered in favor of the defendants, as follows, to wit: “ In this case came the parties by their attorneys,- and the demurrer having been withdrawn, and issue being joined upon the facts and merits of the case, it was ordered that a jury come; whereupon came the following twelve good and lawful men, to wit: (here follow…
1Opinion of the CourtJustice Wheeler
We have felt some embarrassment respecting the disposition proper to be made of this cause, on account of the agreement of the parties, found by the special verdict. That is, in effect, that the judgment of this court shall be a final adjudication of the cause, only in the event that it shall be in favor of the defendant.
The value of the improvements upon the land in controversy was put in issue by the pleadings. And the jury find that it is agreed between the parties, that, if the judgment of the supreme court shall be for the plaintiff, the cause shall be remanded for the pui'pose of a…
2Cited by9 opinions
- Morrow v. CorbinTexas Supreme Court · 1933
- Moore v. MooreTexas Supreme Court · 1887
- Elliot v. MitchellTexas Supreme Court · 1866
- Binz v. HarwoodCourt of Appeals of Texas · 1956
- Wheeler v. MooreCourt of Appeals of Texas · 1919
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