Nye v. Gribble
Texas Supreme Court
Appeal from Wichita. Tried below before the Hon. B. F. Williams. This was an action of trespass to try title to five hundred and thirty-eight acres of the Charles L. Harrison one-third of a league df land in Wichita county, brought by appellee Gribble against appellants Thomas O. Nye and Fred K. Fisher, who vouched Ileber Stone and wife, M. L. G. Stone, and Mrs. Ann M. Giddings as warrantors, to appear and defend the title.
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Appeal from Wichita. Tried below before the Hon. B. F. Williams. This was an action of trespass to try title to five hundred and thirty-eight acres of the Charles L. Harrison one-third of a league df land in Wichita county, brought by appellee Gribble against appellants Thomas O. Nye and Fred K. Fisher, who vouched Ileber Stone and wife, M. L. G. Stone, and Mrs. Ann M. Giddings as warrantors, to appear and defend the title. The defendants and warrantors answered: First, not guilty and a general denial. Second, that Gribble claimed the land ander a conveyance from one W. A. Casseday, dated…
1Opinion of the Court
Walker, Associate Justice.
It was competent for plaintiff by amendment to frame his petition with a view to the foreclose of the lien, if his title should prove to be only a mortgage. (44 Texas, 283, Moreland v. Barnhart.)
In such amendment it was necessary to set out facts as basis for the decree of foreclosure. Discussing a similar case, Mann v. Falcon, 25 Texas, 277, Chief Justice Wheeler well remarks: “ They (the plaintiffs), were the actors seeking the aid of the court to enforce their supposed rights. They are supposed to have known what their rights were, and the facts upon which they…
2Cases cited2 opinions
- Mabry v. BirgeTexas Supreme Court · 1875
- Floyd v. StateTexas Supreme Court · 1860
3Cited by15 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Cavin v. HillTexas Supreme Court · 1892
- McGlothlin v. CoodyTexas Commission of Appeals · 1933
- Mathes v. WilliamsCourt of Appeals of Texas · 1939
- Finlayson v. PetersonNorth Dakota Supreme Court · 1902
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