McDonald v. Morgan
Texas Supreme Court
Appeal from Polk. Tried below before the Hon. James M. Max.cy. The main facts of this case appear sufficiently in the opinion of the court. The witness referred to in the opinion subscribed the-deed by the signature of “ John S. Preston,” but signed his affidavit to its execution by the name of “John Preston.” Verdict and judgment below for the plaintiff, Morgan, and new trial refused.
1Opinion of the CourtMoore, J.
This suit is an action of “ trespass to try title,” brought by the appellee, Morgan, as plaintiff in the court below, against McDonald, the appellant, to recover possession and try the title of a league of land granted on the 3d of May, 1835, to Vm. Pace, a colonist in Vehlein’s colony. The errors assigned by the appellant are:
1st. In admitting the deed from Wm. Pace to James Morgan, offered in evidence by the plaintiff.
2d. The verdict of the jury was contrary to the charge of the court, and the evidence in the case.
3d. The refusal of the court to grant a new trial.
The last assignment is but…
2Cases cited1 opinion
- Paschal v. PerezTexas Supreme Court · 1851
3Cited by11 opinions
- Summer v. MitchellSupreme Court of Florida · 1892
- Russell v. OliverTexas Supreme Court · 1890
- State Bank & Trust Co. v. W. O. Horn & Bro., Inc.Court of Appeals of Texas · 1927
- Hambel & Heasty v. DavisTexas Supreme Court · 1896
- Banks v. LeeSupreme Court of Georgia · 1884
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