Douglass v. Duncan
Texas Supreme Court
Appeal from Denton. Tried below before the Hon. F. E. Finer. This was an action of trespass to try title brought by the appellant. The lot in controversy was sold in May, 1884, under an execution issued upon a judgment rendered March 22, 1882, against J. B. Duncan, in favor of O. M. Batis, and was purchased by M. Fulton, who received a deed from the sheriff.
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Appeal from Denton. Tried below before the Hon. F. E. Finer. This was an action of trespass to try title brought by the appellant. The lot in controversy was sold in May, 1884, under an execution issued upon a judgment rendered March 22, 1882, against J. B. Duncan, in favor of O. M. Batis, and was purchased by M. Fulton, who received a deed from the sheriff. On June 9, 1885, an execution, issued under a judgment rendered in February, 1885, in favor of appellant against M. Fulton, was levied on the lot, and it was sold to the appellant. When the execution was levied, Douglass was ignorant of…
1Opinion of the Court
Willie, Chief Justice.
It is apparent from appellant’s own statement of this case that the .admission in evidence of the judgment obtained by Duncan against Fulton could not have affected the decision below; for the rights of all parties to this suit in the land were fixed and determined long previous to the rendition of that judgment. This judgment could not possibly have divested title out of Douglass and vested it in Duncan; and, unless it is made apparent to this court that *123the court below so held, we will not presume that it based its decision upon any such untenable ground. As it is not…
2Cases cited1 opinion
- Hardin v. AbbeyTexas Supreme Court · 1881
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- Western Union Life Co. of Houston v. EnsmingerCourt of Appeals of Texas · 1937
- San Antonio Transit Co. v. McCurryCourt of Appeals of Texas · 1948
- Coleman v. GarvinCourt of Appeals of Texas · 1913
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