Martin v. Cobb
Texas Supreme Court
Error from Clay. Tried below before Hon. J. A. Templeton, Special District Judge. On the 10th of August, 1886, trespass to try title brought by Steven Martin, plaintiff in error, against Joanna Cobb, defendant in error, for the John A. Scott 640 acres in Clay County.
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Error from Clay. Tried below before Hon. J. A. Templeton, Special District Judge. On the 10th of August, 1886, trespass to try title brought by Steven Martin, plaintiff in error, against Joanna Cobb, defendant in error, for the John A. Scott 640 acres in Clay County. Answer by pleas of not guilty, three, five, and ten years limitation, compensation for improvements in good faith, and claim of ownership; that plaintiff’s title is a cloud upon defendant's title, and prayer for recovery against him. 1. Plaintiff's evidence: Patent to John A. Scott dated March 21,1855. 2. Agreement that John A.…
1Opinion of the Court
COLLARD, Judge.
—An inspection of the record and the judgment rendered by the justice of the peace and offered in evidence by the plaintiff will show that it was upon service by publication. The entries on the docket are as follows: “ Citation and attachment writ issued July 29,1876. Citation by publication issued July 29, 1876.''
The portion of the judgment bearing on the point is as follows:
"And now at this time comes on to be heard the above entitled cause, whereupon came the plaintiff by attorney, but the defendant came not, and jt being after the hour of 2 o'clock p. m., and the defendant…
2Cases cited3 opinions
- Treadway v. EastburnTexas Supreme Court · 1881
- Dodge v. LitterTexas Supreme Court · 1889
- Scott v. StreepyTexas Supreme Court · 1889
3Cited by3 opinions
- Dunn v. TaylorCourt of Appeals of Texas · 1906
- Wiles v. WilesOregon Supreme Court · 1957
- Reed v. First State Bank of PurdonCourt of Appeals of Texas · 1919