Cox v. Bray
Texas Supreme Court
Appeal from Travis. The case was tried before Hon. A. "W. Terrell, one of the district judges. On the 13th of May, 1858, Haney Bray and others, the appellees, as the heirs at law of John L. Bray, deceased, instituted this action of trespass to try title against one L. L. Sykes, for the recovery of one-third of a league of land in Travis county.
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Appeal from Travis. The case was tried before Hon. A. "W. Terrell, one of the district judges. On the 13th of May, 1858, Haney Bray and others, the appellees, as the heirs at law of John L. Bray, deceased, instituted this action of trespass to try title against one L. L. Sykes, for the recovery of one-third of a league of land in Travis county. Sykes disclaimed any interest in the land, and Cox, the appellant, became defendant on his own application, at the December term, 1858. He pleaded the general issue, and the limitations of three, five, and ten years. On the 5th of April, 1841, a…
1Opinion of the CourtMoore, C. J.
—On the trial of this canse in the District Court, the appellant, Cox, who was the defendant in that court, offered parol testimony tending to prove a sale by John L. Bray, the ancestor of the plaintiffs, of his head-right certificate for one-third of a league of land to Den-man & Fessenden, under whom the appellant claims the land in controversy. The proposed testimony was excluded from the jury by the court, upon the following objections made to it by the plaintiffs, to wit:
1. It tended to vary and contradict a written instrument shown by the defendant to have been executed between the…
2Cases cited5 opinions
- Bullion v. CampbellTexas Supreme Court · 1864
- Watkins v. GilkersonTexas Supreme Court · 1853
- Taylor v. AshleyTexas Supreme Court · 1855
- Whitson's Adm'r v. SmithTexas Supreme Court · 1855
- Reynolds v. JohnstonTexas Supreme Court · 1854
3Cited by30 opinions
- Stone v. BrownTexas Supreme Court · 1881
- Parker v.SpencerTexas Supreme Court · 1881
- New York and Texas Land Co. v. ThomsonTexas Supreme Court · 1891
- Miller v. Texas & Pacific Railway Co.Supreme Court of the United States · 1890
- Grigsby v. MayTexas Supreme Court · 1892
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