Legal Opinion

House v. Robertson

Texas Supreme Court

Decided June 15, 1896No. 443PublishedCited by 24 opinions

Error to Court of Civil Appeals for Fourth District, in an appeal from District Court of Bosque County. The suit was brought by House et al. against Robertson et al., to recover a tract of land which defendants claimed and to set aside an execution sale of plaintiff’s title. The sale was sustained and defendants had judgment, which the Court of Civil Appeals affirmed on appeal by plaintiffs, who then procured writ of error. The facts appear in the opinion.

1Opinion of the Court

BROWN, Associate Justice.

The plaintiffs in error brought an action in the District Court of Bosque County against J. M. Robertson and others to recover a tract of land situated in that county, being one-third of a league, but in which there is an excess, making the real amount embraced in the survey 1600 acres. The netition first .sets out the cause of action, as in an ordinary action of trespass to try title, and then proceeds to set up the title of plaintiffs to the land and the claim of title under which the defendants hold, asking that the sale under execution as hereafter stated be set…

2Cases cited4 opinions

  1. Allen v. StephanusTexas Supreme Court · 1857
  2. Bailey's Adm'r v. WhiteTexas Supreme Court · 1854
  3. Taul v. WrightTexas Supreme Court · 1876
  4. Burns v. LedbetterTexas Supreme Court · 1881

3Cited by24 opinions

  1. Apex Financial Corp. v. Brown, Texas Court of Appeals, 6th District (Texarkana)1999
  2. Thornton v. GoodmanTexas Supreme Court · 1919
  3. Moore v. MillerCourt of Appeals of Texas · 1913
  4. Rio Delta Land Co. v. JohnsonCourt of Appeals of Texas · 1978
  5. Houston v. ShearCourt of Appeals of Texas · 1919

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