Smith v. Chatham
Texas Supreme Court
Error from Harrison. Trespass to try title, by plaintiff in error, against defendant in error. The land was described in the petition to he “ twenty-six labors of land lying in the eastern “ part of the county of Harrison, about six miles west of the “ State line, that divides the State of Texas from the State of “Louisiana, situated and bounded as follows, to wit: survey “ begins at the south-east corner of David Strickland's survey, “ running west with D. Strickland’s line…
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Error from Harrison. Trespass to try title, by plaintiff in error, against defendant in error. The land was described in the petition to he “ twenty-six labors of land lying in the eastern “ part of the county of Harrison, about six miles west of the “ State line, that divides the State of Texas from the State of “Louisiana, situated and bounded as follows, to wit: survey “ begins at the south-east corner of David Strickland's survey, “ running west with D. Strickland’s line 4350 varas, a corner; “ thence south with W. R. D. Ward’s line, at 1680 varras, in- “ tersects line of survey marked B.…
1Opinion of the CourtWheeler, J.
The assignment of error mainly relied on, and the only one which it is deemed material to consider, brings in question the propriety of excluding the evidence of the Sheriff’s levy and deed, offered by the plaintiff as evidence of his title.
It is not questioned, that the land, embraced in the survey claimed by the plaintiff, is correctly described in his amended petition, filed on the 18th of December, 1851. But it is insisted, that the description in the levy and deed is variant from that contained in the petition ; and that on account of the variance, the evidence was rightly excluded. If…
2Cited by11 opinions
- Easterling v. SimmonsCourt of Appeals of Texas · 1927
- Coffey v. HendricksTexas Supreme Court · 1886
- West v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1907
- State v. Franco-American Securities, Ltd.Court of Appeals of Texas · 1943
- Hinkle v. HaysCourt of Appeals of Texas · 1913
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