Boydston v. Sumpter
Texas Supreme Court
Appeal from Tarrant. Tried below before Hon. B. E. Beckham. April 16, 1887, Hiram Sumpter brought suit of trespass to try title against Boydston in the District Court of Tarrant County for about three acres of land, alleged to be situated in Tarrant County. November 25, 1889, Sumpter filed an amended petition as substitute for original. November 25, 1889, Boydston filed his amended answer, consisting of general and special exceptions, general denial, plea of not guilty, etc.
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Appeal from Tarrant. Tried below before Hon. B. E. Beckham. April 16, 1887, Hiram Sumpter brought suit of trespass to try title against Boydston in the District Court of Tarrant County for about three acres of land, alleged to be situated in Tarrant County. November 25, 1889, Sumpter filed an amended petition as substitute for original. November 25, 1889, Boydston filed his amended answer, consisting of general and special exceptions, general denial, plea of not guilty, etc. November 27, 1889, the general and special exceptions to the petition -were overruled, and the appellant excepted. The…
1Opinion of the Court
HENRY, Associate Justice.
—This was an action of trespass to try title, brought by appellee for the possession of three acres of land.
In the petition the land was first described by metes and bounds and alleged to be a part of the S. Mitchell survey, after which the petition contained a statement that the controversy “is whether the parcel of land above described is in the Milton Gregg survey or the S. Mitchell survey.”
The words quoted may be treated as surplusage. The defendant suf*405fered no injury from the court overruling his exception to the petition on • that ground.
A witness for the…
2Cited by20 opinions
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