Cunningham v. Frandtzen
Texas Supreme Court
Appeal from Gillespie. Tried below before the Hon. Thomas J. Devine. This was an action of trespass to try title brought by Andrew Cunningham against Erasmus Frandtzen and the other defendants, on the 21st of October, 1853, for the recovery of two-thirds of a league and one labor of land, lying in Gillespie county, and known as Survey No. 19, in Sec. No. 1. The plaintiff claimed the land as devisee of Hugh M. Cunningham, deceased, whose title was also derived by devise under…
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Appeal from Gillespie. Tried below before the Hon. Thomas J. Devine. This was an action of trespass to try title brought by Andrew Cunningham against Erasmus Frandtzen and the other defendants, on the 21st of October, 1853, for the recovery of two-thirds of a league and one labor of land, lying in Gillespie county, and known as Survey No. 19, in Sec. No. 1. The plaintiff claimed the land as devisee of Hugh M. Cunningham, deceased, whose title was also derived by devise under the last will and testament of John R. Cunningham, deceased, to whom a patent for the land in controversy issued from…
1Opinion of the CourtRoberts, J.
The appellant asked the court to charge the jury that “aparty claiming a tract of land, and placing a tenant in possession of the same upon improvements, afterwards sells a portion of the tract, including the improvements, to the tenant, who *38remains in possession of the tract sold, ceases to be the tenant in-possession of the remainder, and it is in law a voluntary abandonment of possession of the balance of the tract by the claimant; and it matters not whether that abandonment be- for a day, or for years, the statute ceases to run in his-favor.”
This charge was refused by the court, and its-…
2Cases cited4 opinions
- Brent v. ChapmanSupreme Court of the United States · 1809
- Chiles v. JonesCourt of Appeals of Kentucky · 1836
- Winburn's Ex'ors v. CochranTexas Supreme Court · 1852
- Stanley v. EarlCourt of Appeals of Kentucky · 1824
3Cited by31 opinions
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- Evitts v. RothTexas Supreme Court · 1884
- Bowles v. BriceTexas Supreme Court · 1886
- Turner v. MooreTexas Supreme Court · 1891
- Parker v. BainesTexas Supreme Court · 1886
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