Terry v. O'Neal & Son
Texas Supreme Court
Appeal from Cass. Tried below before Hon. W. P. McLean. is an appeal from a judgment in favor of the appellees, who were plaintiffs below for certain lands sued for. There is no question upon the pleadings. „ The finding of facts by the court are as follows: “1. Both parties claim title to the land in controversy from W. A. Lockett as a common source.
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Appeal from Cass. Tried below before Hon. W. P. McLean. is an appeal from a judgment in favor of the appellees, who were plaintiffs below for certain lands sued for. There is no question upon the pleadings. „ The finding of facts by the court are as follows: “1. Both parties claim title to the land in controversy from W. A. Lockett as a common source. “2. Plaintiffs O’Neal & Son claim under the deed from W. A. Lockett and wife and children to one-half, and Mrs. Lockett and children claim under the deed from her husband W. A. Lockett. “3. The deed to the land in controversy was executed by W.…
1Opinion of the Court
Stayton, Chief Justice.
Both parties to this action claim the land in controversy through W. A. Lockett, who owned it in 1879, and was then indebted to T. J. Rogers in the sum of about five hundred dollars. Being so indebted, on November 4, 1879, he conveyed the land in controversy, which contains about six hundred acres, situated in Cass county, to his wife and children by way of gift. After this conveyance was made Rogers obtained a judgment against him in Marion county, and, under an execution issued under that judgment the land was sold by the sheriff of Marion county and bought by Rogers,…
2Cited by14 opinions
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