Mills v. Herndon
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Jos. Bledsoe. Appellant having been appointed guardian ad litem of the minor heir of S. H. Toler, deceased, by the district court of Grayson county, for the purpose of instituting this suit, filed his petition in the ordinary form of an action of trespass to try title on the 15th day of February, 1879, against the defendants, to recover the land in controversy, and for the cancellation of their deeds, claiming that the…
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Appeal from Grayson. Tried below before the Hon. Jos. Bledsoe. Appellant having been appointed guardian ad litem of the minor heir of S. H. Toler, deceased, by the district court of Grayson county, for the purpose of instituting this suit, filed his petition in the ordinary form of an action of trespass to try title on the 15th day of February, 1879, against the defendants, to recover the land in controversy, and for the cancellation of their deeds, claiming that the defendants, except W. S. Herndon, were in possession. Answer by general denial. By special answer the defendants in possession…
1Opinion of the Court
Watts, J. Com. App.
Appellants claimed the land in controversy by two distinct and different deeds, the first executed the 12th. *355day of December, 1873, to their mother, S. II. Toler, and signed “Fath’l T.. Green [seal], executor of 0. P. Green, deceased; Lucy Alston Green [seal]. The second, executed the -3d day of April, 1874, to S. II. Toler by F. P. Green, as executor of the will of 0. P. Green, deceased. In this he was also joined by his wife, Lucy Alston Green. By the first, which was executed and acknowledged in Tennessee, two tracts of land situated in this state were described — one…
2Cases cited12 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Veramendi v. HutchinsTexas Supreme Court · 1878
- Watrous v. McGrewTexas Supreme Court · 1856
- March v. HuyterTexas Supreme Court · 1878
- Alexander v. MaverickTexas Supreme Court · 1856
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Heath v. LayneTexas Supreme Court · 1884
- Wilkerson v. SchoonmakerTexas Supreme Court · 1890
- Slayton v. SingletonTexas Supreme Court · 1888
- Sun Operating Ltd. Partnership v. Oatman, Texas Court of Appeals, 4th District (San Antonio)1995
- Parker v. ChancellorTexas Supreme Court · 1890
16 more not listed; retrieve them via the Exa API.