Spearman v. Mims
Court of Appeals of Texas
Appeal from District Court, Marion County; J. A. Ward, Judge. Suit by Robert Spearman against Charlie Mims and others. The trial court rendered judgment against plaintiff for the land he sued for, but rendered judgment in his favor for other lands, suit for which he abandoned when he filed amended petition, and plaintiff appeals. The suit was by appellant against appel-lees, Charlie Mims, R. B. Rogers, Elva Johnson, and Will Johnson.
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Appeal from District Court, Marion County; J. A. Ward, Judge. Suit by Robert Spearman against Charlie Mims and others. The trial court rendered judgment against plaintiff for the land he sued for, but rendered judgment in his favor for other lands, suit for which he abandoned when he filed amended petition, and plaintiff appeals. The suit was by appellant against appel-lees, Charlie Mims, R. B. Rogers, Elva Johnson, and Will Johnson. As made by the amended petition filed December 11, 1917, on which the trial was had, it was to recover of appellee Mims 49½ acres of the Robert Mason survey in…
1Opinion of the Court
Of the seven assignments in appellant's brief, five are predicated on the failure of the trial court to find as facts certain matters specified. The complaints are on the theory that it was the duty of that court in making findings of fact to include "every particle," quoting from the brief, "of material testimony in aid of limitation title." It not only was not the duty of the court to do that, but it was his duty not to do it. His findings should have been of facts only, and should not have included evidence which he thought established as facts findings he made. Oldham v. Medearis, 90 Tex.…
2Cases cited12 opinions
- Oldham v. MedearisTexas Supreme Court · 1897
- Hatton v. Bodan Lumber Co.Court of Appeals of Texas · 1909
- Gladys City Oil, Gas & Manufacturing Co. v. Right of Way Oil Co.Court of Appeals of Texas · 1911
- Udell v. PeakTexas Supreme Court · 1888
- Von Rosenberg v. CuellarTexas Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Reese v. Carey Bros.Court of Appeals of Texas · 1926
- Warren v. SwanzyCourt of Appeals of Texas · 1962
- Stark v. RogersCourt of Appeals of Texas · 1919
- Warren v. SwanzyCourt of Appeals of Texas · 1962