Legal Opinion

Read v. Allen

Texas Supreme Court

Decided February 3, 1882No. Case No. 1270PublishedCited by 25 opinions

Appeal from Houston. Tried below before the Hon. W. D. Wood. R. N. Read et al. brought this suit in Houston county on August 26, 1880, against appellees Mrs. Walker and Mrs. Allen, for an undivided half interest in the Aughenbaugh league of land situated in that county, and to revise, limit or set aside in part a judgment for the league recovered in November, 1878, by appellees Walker and wife alone, against appellants (except Mrs. Thompson and Mrs. J effus, who were not…

Read the full summary

Appeal from Houston. Tried below before the Hon. W. D. Wood. R. N. Read et al. brought this suit in Houston county on August 26, 1880, against appellees Mrs. Walker and Mrs. Allen, for an undivided half interest in the Aughenbaugh league of land situated in that county, and to revise, limit or set aside in part a judgment for the league recovered in November, 1878, by appellees Walker and wife alone, against appellants (except Mrs. Thompson and Mrs. J effus, who were not parties), each appellant asserting claim to separate portions of the league described by metes and bounds. Appellants Mrs.…

1Opinion of the Court

Bonner, Associate Justice.—

Appellants Read et al., who were the plaintiffs below in the suit, assign as error the judgment of the district court sustaining the demurrers of appellees Walker and Allen to their petition, and dismissing the same.

I. One of the controlling questions in this case is: Are all the appellants Read et al., except Mrs. Thompson and Mr. Jeffus, who were not parties to the original judgment in favor of Mrs. Walker, and which was against the other appellants, estopped by that judgment from contesting the right of Mrs. Walker to the exclusive possession of the land in…

2Cases cited3 opinions

  1. Burleson v. BurlesonTexas Supreme Court · 1866
  2. Magee v. WhiteTexas Supreme Court · 1859
  3. Milburn v. WalkerTexas Supreme Court · 1854

3Cited by25 opinions

  1. Swilley v. McCainTexas Supreme Court · 1964
  2. Kirby Lumber Corp. v. Southern Lumber Co.Texas Supreme Court · 1946
  3. Wilson v. JohnsonTexas Supreme Court · 1900
  4. Foster v. ChristensenTexas Commission of Appeals · 1934
  5. Allen v. ReadTexas Supreme Court · 1886

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API