Legal Opinion

Barkley v. Gibbs

Court of Appeals of Texas

Decided June 14, 1921No. 7465. [fn*]PublishedCited by 2 opinions

Appeal from District Court, Madison County; S. W. Dean, Judge. Trespass to try title by R. W. Barkley and others against Sallie E. Gibbs and another, in which the defendant Susie L. Brooks and her husband were made parties defendant on their warranty. From a judgment in favor of the defendant Gibbs against all plaintiffs, the' plaintiffs appeal.

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Appeal from District Court, Madison County; S. W. Dean, Judge. Trespass to try title by R. W. Barkley and others against Sallie E. Gibbs and another, in which the defendant Susie L. Brooks and her husband were made parties defendant on their warranty. From a judgment in favor of the defendant Gibbs against all plaintiffs, the' plaintiffs appeal. Reversed, and judgment rendered for plaintiffs against the defendant Gibbs, and for the defendant Gibbs against the defendants Brooks and husband.

1Opinion of the CourtLane, J.

This is an action in trespass to try title brought by appellants, R. W. Barkley, R. J. Randolph, Mabel Durst Hail and husband, J. P. Hail, Laura Kittrell and husband, W. H. Kittrell, and H. Durst, Jr., against Mrs. Sallie E. Gibbs and Margaret D. Scales, to recover 216 acres of land situated partly in each of the two counties of Leon and Madison, in the state of Texas. Mrs. Susie L. Brooks and husband, S. Y. Brooks, were made parties defendant by Mrs. Gibbs on their warranty. Judgment was in favor of Mrs. Sallie E. Gibbs against all plaintiffs.

Plaintiffs’ petition was in the ordinary form of…

2Cases cited7 opinions

  1. Bracken v. JonesTexas Supreme Court · 1885
  2. Bender v. BrooksTexas Supreme Court · 1910
  3. Hopkins v. HopkinsTexas Supreme Court · 1909
  4. Barkley v. GibbsTexas Commission of Appeals · 1921
  5. Callen v. CollinsCourt of Appeals of Texas · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Gibbs v. BarkleyTexas Commission of Appeals · 1922
  2. Griffin v. ReynoldsCourt of Appeals of Texas · 1937

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