Houston Oil Co. v. Dowden
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Texas; Waller T. Burns, Judge. Ancillary bill in equity by receiver of the Houston Oil Company of Texas against L,. S. Duff and wife, C. J. Gerlach & Bro., and Frank Dowden and wife, to quiet title to land. Decree for defendants, and the receiver appeals.
Read the full summary
Appeal from the District Court of the United States for the Southern District of Texas; Waller T. Burns, Judge. Ancillary bill in equity by receiver of the Houston Oil Company of Texas against L,. S. Duff and wife, C. J. Gerlach & Bro., and Frank Dowden and wife, to quiet title to land. Decree for defendants, and the receiver appeals. This proceeding was an ancillary bill filed by the receiver of the Houston Oil Company in the equity cause in which he was originally appointed, against three adverse claimants, L. S. Duff and wife, O. J. Gerlaeh & Bro., and Frank Dowden and wife, to lands…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). The facts bearing upon the Duff and Gerlach & Bro. claims make it appropriate to consider these two cases together.
Possession of part of the 160 acres, 80 of which was cláimed by Duff and 80 of which was claimed by Gerlaeh & Bro., may be traced back as early as 1890 to those under whom both claimants deraign their claim of title. Plowever, the record shows no claim on the part of those; who occupied such parts of the Gunderman survey and with whom the two claimants connect their possession and claim, to any specific 160 acres of that survey which, in the…
2Cases cited7 opinions
- Bracken v. JonesTexas Supreme Court · 1885
- Giddings v. FischerTexas Supreme Court · 1903
- Louisiana & Texas Lumber Co. v. KennedyTexas Supreme Court · 1910
- Davis v. Receivers of the Houston Oil Co.Court of Appeals of Texas · 1908
- Houston Oil Co. of Texas v. JenkinsCourt of Appeals for the Fifth Circuit · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ivy Hill Ass'n v. KluckhuhnCourt of Appeals of Maryland · 1984
- Kluckhuhn v. Ivy Hill Ass'n, Inc.Court of Special Appeals of Maryland · 1983