Read v. Allen
Texas Supreme Court
Appeal from. Houston. Tried below before the Hon. John R. Kennard. In addition to the facts stated in the opinion, the following appeared: Appellee offered in evidence depositions of Lee Wallace, that he, in 1878, leased the land in controversy of appellant for'three years ending January 1, 1881, with the privilege of purchasing, and that he sub-rented to Hart for the years 1879 and 1880. This witness stated that he had no knowledge of the suit in the United States court…
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Appeal from. Houston. Tried below before the Hon. John R. Kennard. In addition to the facts stated in the opinion, the following appeared: Appellee offered in evidence depositions of Lee Wallace, that he, in 1878, leased the land in controversy of appellant for'three years ending January 1, 1881, with the privilege of purchasing, and that he sub-rented to Hart for the years 1879 and 1880. This witness stated that he had no knowledge of the suit in the United States court till after possession had been delivered to appellee, and that Hart never notified him of the suit. Also the written lease…
1Opinion of the Court
Stayton, Associate Justice.
This is a suit of trespass to try title, brought by the appellant against the appellee to recover a part of a tract of land originally granted to John Welsh.
On the 25th day of March, 1880, the appellee brought a suit in the circuit court of the Hnited States at Tyler, against several defendants, to recover an undivided half of the grant to John Welsh.
The appellant was not made a party to that suit, nor does it appear that he had any notice of it prior to the time that a judgment was rendered therein. Prior to the institution of that suit the appellant had leased the…
2Cases cited1 opinion
- Read v. AllenTexas Supreme Court · 1882
3Cited by8 opinions
- Estrada v. River Oaks Bank & Trust Co.Court of Appeals of Texas · 1977
- Spotts v. HanleyCalifornia Supreme Court · 1890
- Minchew v. HankinsCourt of Appeals of Texas · 1925
- Sanford v. TannerSupreme Court of Georgia · 1902
- Clark v. PerdueWest Virginia Supreme Court · 1895
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