Powell v. Davis
Texas Supreme Court
Appeal.from Smith. Tried below before the Hon. John. H. Reagan. Suit commenced January 14th, 1856, by appellants against appellee, to recover two hundred and forty dollars for the use and occupation of sixty acres of improved land in the county of Smith, for the year 1855. Plea by defendant, that on the -day of-A. D. 1854, plaintiffs instituted suit against him for the recovery of the same land and the value of the use and occupation thereof, in the District Court of the…
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Appeal.from Smith. Tried below before the Hon. John. H. Reagan. Suit commenced January 14th, 1856, by appellants against appellee, to recover two hundred and forty dollars for the use and occupation of sixty acres of improved land in the county of Smith, for the year 1855. Plea by defendant, that on the -day of-A. D. 1854, plaintiffs instituted suit against him for the recovery of the same land and the value of the use and occupation thereof, in the District Court of the United States at Tyler, Texas, and on the -• day of- A. D. 1855, recovered a judgment therein for the lánd, &c., which said…
1Opinion of the CourtWheeler, J.
The charge of the Court is manifestly erroneous. It took from the jury the question of good faith; it required them to allow the defendant pay for bis improvements, whether they were made in good or bad faith, or were of any permanency or value to the property or not. It left nothing to the jury but merely the calculating of numbers; a simple matter of addition and subtraction. It requires no argument to show that, in a legal point of view, the case might as well have been taken from the jury altogether, and the matter of calculation referred to the Clerk.
As the case must be remanded, it…
2Cited by8 opinions
- Cooke v. AverySupreme Court of the United States · 1893
- Shields v. HuntTexas Supreme Court · 1876
- Berkley v. Burlington Cadillac Co. Inc.Supreme Court of Vermont · 1923
- Gulf, Colorado & Santa Fe Railway Co. v. VienoCourt of Appeals of Texas · 1894
- Garrett v. A. G. McAdams Lumber Co.Court of Appeals of Texas · 1913
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