Moody v. Butler
Texas Supreme Court
Error from Trinity. Tried below before the Hon. John E. Kénnard. Trespass to try title brought by plaintiffs in error to recover land, a part of the headright league granted to Joel Clapp. The defendants pleaded: First, not guilty. Second, title by limitation under the three, five and ten years’ statutes. Third, improvements in good faith. Judgment for plaintiffs for one-half the land, and for the defendants for the other.
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Error from Trinity. Tried below before the Hon. John E. Kénnard. Trespass to try title brought by plaintiffs in error to recover land, a part of the headright league granted to Joel Clapp. The defendants pleaded: First, not guilty. Second, title by limitation under the three, five and ten years’ statutes. Third, improvements in good faith. Judgment for plaintiffs for one-half the land, and for the defendants for the other. The court, in the conclnsions reduced to writing and filed, found against defendants’ plea of limitations, and rested the decision on the questions presented in the opinion…
1Opinion of the Court
Willie, Chief Justice.
The land in controversy is admitted to have been the community property of Joel Clapp and his wife, Malinda. Upon the death of the wife, in March, 1852, her half of the land descended to her children, subject to the payment of community debts. Joel Clapp did not die till the 1st of January, 1854, and we have no evidence that at the time of his death any debt existed against the community estate. In order to give the deed of Joel Clapp’s executor the effect of passing title to the entire land, as well that portion of which he died possessed as of the share inherited by…
2Cases cited4 opinions
- Sanger Bros. v. Heirs of MoodyTexas Supreme Court · 1883
- Soye v. McCallisterTexas Supreme Court · 1856
- Simmons v. BlanchardTexas Supreme Court · 1876
- Nichols v. StewartTexas Supreme Court · 1855
3Cited by52 opinions
- Phillipson v. FlynnTexas Supreme Court · 1892
- Clements v. Texas Co.Court of Appeals of Texas · 1925
- Poenisch v. QuarnstromTexas Supreme Court · 1962
- New York and Texas Land Co. v. HylandCourt of Appeals of Texas · 1894
- Baumgarten v. FrostTexas Supreme Court · 1945
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