Dunlap v. Green
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Texas. This is an action of trespass to try title, filed on the law side of the circuit court, by Marquis Green, Henry Darcy, and Caroline Garthwaite against William L. Dunlap, James Tullís, and Daniel Higgins for (he title and possession of 1,000 acres of land In Ft. Bend county, Tex., part of the Robert Peebles league, known as the “Dunlap Place.”
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In Error to the Circuit Court of the United States for the Eastern District of Texas. This is an action of trespass to try title, filed on the law side of the circuit court, by Marquis Green, Henry Darcy, and Caroline Garthwaite against William L. Dunlap, James Tullís, and Daniel Higgins for (he title and possession of 1,000 acres of land In Ft. Bend county, Tex., part of the Robert Peebles league, known as the “Dunlap Place.” Tullis and Higgins disclaimed, except as tenants of Dunlap, and Dunlap pleaded not guilty. Afterwards, the coplaintii'fs of Green were dismissed, and Green filed an…
1Opinion of the Court
PARDEE,. Circuit Judge,
(after stating the facts as above.) The plaintiffs in error have brought to this court for review the whole case, — pleadings, evidence, rulings, and findings, — as if the case were on appeal instead of writ of error; but, as the action in the court below is one at law, and was tried by the court under the *246-statute permitting a waiver of tlie jury, we can only inquire whether the facts found in the special findings, considered in connection with the pleadings, are sufficient to sustain the judgment, and whether any error was committed upon the rulings on matters of law…
2Cases cited11 opinions
- McKamey v. ThorpTexas Supreme Court · 1884
- Alstin v. CundiffTexas Supreme Court · 1880
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Overstreet v. ManningTexas Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Realty Securities Corporation v. JohnsonSupreme Court of Florida · 1927
- Kemmerer v. Title & Trust Co.Oregon Supreme Court · 1918
- Welch v. EllisSupreme Court of Oklahoma · 1916
- Tobin v. BensonCourt of Appeals of Texas · 1912
- Red River Nat. Bank in Clarksville v. LatimerCourt of Appeals of Texas · 1937
4 more not listed; retrieve them via the Exa API.