Telfener v. Dillard
Texas Supreme Court
Appeal from Wharton. Tried below before the Hon. W. H. Burkhart. This suit was brought by the appellees against J. Telfener and others. Telfener claimed under a tax deed. The character of his title is apparent from the opinion. Judgment against Telfener and his co-defendants for the land and for damages against Telfener for one thousand two hundred and eighty-five dollars and seventy-one cents.
1Opinion of the Court
Maltbie, Presiding Judge.
It is well settled that the Revised Statutes requiring that the petition in an action ot trespass to *142try title shall state the interest which the plaintiff claims, whether it be of fee or otherwise, and if he claim an undivided interest the amount thereof does not preclude one tenant in common from a recovery of the entire property against a wrongdoer, or one without title. (Sowers v. Peterson, 59 Texas, 217; Pilcher v. Kirk, 60 Texas, 162; Contreras v. Hughes, 61 Texas, 103.) In this case the several plaintiffs sue for the entire Dillard league, alleging that they…
2Cases cited3 opinions
- Contreras v. HaynesTexas Supreme Court · 1884
- Pilcher v. KirkTexas Supreme Court · 1883
- Westbrook v. . WilleyNew York Court of Appeals · 1872
3Cited by24 opinions
- Cobb v. RobertsonTexas Supreme Court · 1905
- Isbell v. Kenyon-Warner Dredging Co.Texas Supreme Court · 1924
- Gorham v. SettegastCourt of Appeals of Texas · 1906
- D. Sullivan & Co. v. RamseyCourt of Appeals of Texas · 1913
- Baker v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1916
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