Armstrong v. Hix
Texas Supreme Court
Error to the Court of Civil Appeals, Third District, in case on error from Johnson County. William, Ernest, and John S. Hix sued Armstrong for recovery of an undivided interest in land. Defendant’s plea of limitation was sustained as against William and Ernest, and disallowed as to John S. His plea of innocent purchaser was sustained as to all the plaintiffs by the verdict, which was by special findings.
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Error to the Court of Civil Appeals, Third District, in case on error from Johnson County. William, Ernest, and John S. Hix sued Armstrong for recovery of an undivided interest in land. Defendant’s plea of limitation was sustained as against William and Ernest, and disallowed as to John S. His plea of innocent purchaser was sustained as to all the plaintiffs by the verdict, which was by special findings. The trial court rendered judgment on this verdict in favor of John S. Hix, but against the other plaintiffs, and denied defendant Armstrong’s motion to set it aside and render judgment in his…
1Opinion of the CourtChief Justice Browh
Prom the opinion of the Court of Civil Appeals we make the following extract:
“William, Ernest and John S. Hix brought this suit against J. W. Armstrong, defendant in error herein, to recover a one-half undivided interest in 129 acres of land, for rents thereon, and for partition of their interest therein; and against the Mortgage & Trust Company of Pennsylvania to' cancel a deed of trust alleged to have been given by Armstrong thereon to it, so far as the same affected plaintiffs’ interest therein, alleging ouster by defendant in error, who claimed title through Mary P. Duncan, but alleging…
2Cases cited9 opinions
- Blankenship v. DouglasTexas Supreme Court · 1862
- Clark Loftus v. PearceTexas Supreme Court · 1891
- Lloyd v. BrinckTexas Supreme Court · 1872
- Claiborne v. TannerTexas Supreme Court · 1856
- Hix v. ArmstrongTexas Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. CantyTexas Supreme Court · 1926
- Jinks v. WhitakerCourt of Appeals of Texas · 1946
- Burton v. Connecticut General Life Ins. Co.Court of Appeals of Texas · 1934
- Shell Oil Co. v. DennisonCourt of Appeals of Texas · 1939
- Shotwell v. CrierCourt of Appeals of Texas · 1919
16 more not listed; retrieve them via the Exa API.