Legal Opinion

Miller v. Rogers

Texas Supreme Court

Decided July 1, 1878PublishedCited by 7 opinions

Appeal from Guadalupe. Tried below before the Hon. William H. Burgess, special judge. Petition for trespass to try title to 500 acres of land was filed in the District Court of Guadalupe county September 7,1869, by the following plaintiffs, all of Virginia, viz.: Mary Susan Rogers, wife of and joined by Byrd R. Rogers; Ann Eliza Rogers, wife of and joined by John S. Rogers; R. A. Miller and Edward T. Miller, all children and heirs of Edward B. Miller,—against defendants, all…

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Appeal from Guadalupe. Tried below before the Hon. William H. Burgess, special judge. Petition for trespass to try title to 500 acres of land was filed in the District Court of Guadalupe county September 7,1869, by the following plaintiffs, all of Virginia, viz.: Mary Susan Rogers, wife of and joined by Byrd R. Rogers; Ann Eliza Rogers, wife of and joined by John S. Rogers; R. A. Miller and Edward T. Miller, all children and heirs of Edward B. Miller,—against defendants, all of Gonzales county, Texas, Algey S. Miller; Mollie R. Ramsay, wife of and joined by William Ramsay; William A. H.…

1Opinion of the Court

Roberts, Chief Justice.

The ease was submitted to the court without a jury, and judgment was rendered that there was $20,477.32 due to plaintiffs, as heirs of E. B. Miller, on the notes secured in the mortgage executed by Herron to E. B. Miller, and that the 500 acres of land sold by Herron to A. S. Miller should be sold to pay the same, by virtue of the mortgage. From this judgment the defendants appealed.

The record contains a statement of facts, and one exception to the evidence, as to a sale of land in Gillespie county after the judgment had been pronounced.

1st. This judgment, as rendered…

2Cases cited3 opinions

  1. Buchanan v. MonroeTexas Supreme Court · 1858
  2. Byler v. JohnsonTexas Supreme Court · 1876
  3. Preston v. BreedloveTexas Supreme Court · 1876

3Cited by7 opinions

  1. Buchanan v. DavisCourt of Appeals of Texas · 1931
  2. O'Brien v. PerkinsCourt of Appeals of Texas · 1925
  3. Hawkins v. PotterCourt of Appeals of Texas · 1910
  4. John M. Bonner Memorial Home v. Collin County National BankCourt of Appeals of Texas · 1909
  5. Reed v. TomCourt of Appeals of Texas · 1928

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