Campbell v. Townsend
Texas Supreme Court
Error, from Lavaea. Tried below before the Hon. Eielding Jones. Trespass to try title, instituted by the plaintiff in error, Campbell, against Townsend, foi* the recovery of a tract of land in Lavaca county.
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Error, from Lavaea. Tried below before the Hon. Eielding Jones. Trespass to try title, instituted by the plaintiff in error, Campbell, against Townsend, foi* the recovery of a tract of land in Lavaca county. The defendant set up title to the land under sheriff’s deed upon an execution sale of the land, made on the 3d of March, 1840. The execution under which the land was sold was issued on the 18th of January, 1840, by the cleric of the County Court against the plaintiff, Campbell, and one Hensley, upon a judgment against them rendered in that dourt on the Í4tli of January, 1839, for the sum…
1Opinion of the CourtWheeler, C. J.
Two objections were urged to the admission in evidence of the transcript of the judgment and execution from the County Court, which it is material to consider: 1st. That the judgment therein recited is void for want of certainty. 2d. That after the passage of the act of the 26th of January, 1839, (Hart. Dig., art. 265 to 268,) the County Court had not jurisdiction of the case or the rightful custody of the record, and the clerk thereof was without authority to issue the execution, or certify to the copy of the record as the keeper thereof.
It must be admitted that the judgment is very meagre,…
2Cited by2 opinions
- Clements v. Texas Co.Court of Appeals of Texas · 1925
- Masterson Irr. Co. v. FooteCourt of Appeals of Texas · 1913