Shiner v. Abbey
Texas Supreme Court
Appeal from Frio. Tried below before Hon. D. P. Harr. This is an appeal from a judgment for $614 in favor of Abbey against Shiner for rent for 3840 acres of land enclosed by defendant and used since February, 1887. The judgment was rendered October 29, 1887. The opinion sufficiently gives the facts.
1Opinion of the Court
HENRY, Associate Justice.
Appellee instituted this suit, charging that about the 20th day of August, 1884, the defendant enclosed six sections of land belonging to plaintiff, and that by the permission of plaintiff he has since that date occupied and enjoyed the use of said land, having promised to pay plaintiff the reasonable value thereof, which has been 6 cents per acre per annum.
Defendant excepted to the petition on the ground that by it it was sought to recover both upon an express and an implied contract without stating facts sufficient to constitute either.
We think the petition states a…
2Cases cited1 opinion
- McGreal v. WilsonTexas Supreme Court · 1853
3Cited by19 opinions
- Dallas Railway & Terminal Co. v. BaileyTexas Supreme Court · 1952
- Gilmer v. GrahamTexas Commission of Appeals · 1932
- Dyess v. RoweCourt of Appeals of Texas · 1915
- Swift v. KellyCourt of Appeals of Texas · 1910
- Bagley v. BrackCourt of Appeals of Texas · 1913
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