Hughes v. Driver
Texas Supreme Court
Appeal from Cass. Tried below before the Hon. B. T. Estes. The suit was instituted February 8, 1878, by appellee, J. M. Driver, as plaintiff, against Reese Hughes, Jr., appellant, and one Morgan Dees, as defendant, in the ordinary form of trespass to try title, with writ of sequestration, to recover the possession of one hundred and seventy acres of land. The said defendant Hughes replevied the property, and the defendant Dees disclaimed.
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Appeal from Cass. Tried below before the Hon. B. T. Estes. The suit was instituted February 8, 1878, by appellee, J. M. Driver, as plaintiff, against Reese Hughes, Jr., appellant, and one Morgan Dees, as defendant, in the ordinary form of trespass to try title, with writ of sequestration, to recover the possession of one hundred and seventy acres of land. The said defendant Hughes replevied the property, and the defendant Dees disclaimed. Winston Banks, in his own right and as agent for John High, Reese Hughes, Jr., William P. Howell, Bettie, Mary, and Benjamin F. Hughes, intervened and…
1Opinion of the Court
Bonner, Associate Justice.
In this case we have not had the aid of brief or argument for appellant, and as a jury was waived, and hence no charge of the court, we are not advised by the record or otherwise what were the particular views of the judge presiding, either as to the question of law or the legal effect of the evidence adduced, further than is shown by the fact that judgment was rendered for the plaintiff below. Under these circumstances, our decision will not be as satisfactory as we would desire.
1. The first error assigned is that the court erred in overruling the general and…
2Cited by6 opinions
- Fitch v. BoyerTexas Supreme Court · 1879
- Williams v. BallTexas Supreme Court · 1879
- Collins v. HinesTexas Supreme Court · 1907
- Permian Oil Co. v. SmithCourt of Appeals of Texas · 1932
- Battle v. GuedryTexas Supreme Court · 1882
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