Legal Opinion

Thompson v. Jones

Texas Supreme Court

Decided June 13, 1890No. 6269PublishedCited by 31 opinions

Appeal from Fannin. Tried below before Hon. D. H. Scott. Appellants were plaintiffs below and brought suit of trespass to try title for 320 acres of land patented to John D. Black against these appellees, in the District Court of Fannin County, on-day of-, 1871. December, 1884, appellants filed a supplemental petition stating that the unknown heirs of Welbourne Smith, deceased, were necessary parties and cited them by publication.

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Appeal from Fannin. Tried below before Hon. D. H. Scott. Appellants were plaintiffs below and brought suit of trespass to try title for 320 acres of land patented to John D. Black against these appellees, in the District Court of Fannin County, on-day of-, 1871. December, 1884, appellants filed a supplemental petition stating that the unknown heirs of Welbourne Smith, deceased, were necessary parties and cited them by publication. Appellants amended and set up their title specially; that plaintiff Susan F. Thompson was the sole heir at law of Thomas F. and Haney J. Harrison; that said land…

1Opinion of the Court

GAINES, Associate Justice.

—A motion for a rehearing in this cause was granted at the last Tyler Term. Upon a reconsideration of the questions decided in the former opinion we are satisfied with its conclusions except in one or two particulars.

The case was before this court at the Austin Term, 1883, and was reversed and remanded. Tlie opinion is reported in 60 Texas, 94. We are unable to determine from the record before us whether this is a new suit or but the continuation of the first action. At all events the same case in substance is presented by the two appeals. In the opinion upon the…

2Cases cited3 opinions

  1. Campbell v. ElliottTexas Supreme Court · 1879
  2. Neil v. ShackelfordTexas Supreme Court · 1876
  3. Thompson v. JonesTexas Supreme Court · 1883

3Cited by31 opinions

  1. Cline v. NibloTexas Supreme Court · 1928
  2. Whitmire v. PowellTexas Supreme Court · 1910
  3. Ph&338nix Land Co. v. ExallCourt of Appeals of Texas · 1913
  4. D.C. Roberts v. A.S. RobertsTexas Supreme Court · 1941
  5. Slavin v. GreeverCourt of Appeals of Texas · 1919

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