Langton v. Marshall
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. George NT. Aldrpdge. Suit in trespass to try title by appellees to recover the land described in the petition. Appellants answered by plea of not guilty, and specially that on the 13th day of November, 1877, they were then, and had been for a long time prior thereto, occupying the land as their homestead, and that appellee, Jas.
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Appeal from Ellis. Tried below before the Hon. George NT. Aldrpdge. Suit in trespass to try title by appellees to recover the land described in the petition. Appellants answered by plea of not guilty, and specially that on the 13th day of November, 1877, they were then, and had been for a long time prior thereto, occupying the land as their homestead, and that appellee, Jas. B. Mulhall, through fraud and deceit, induced them on that day to execute a deed to his wife, Susan Mulhall, for the same, and that the deed was executed without any consideration. Prayer that the deed be canceled and…
1Opinion of the Court
Watts, J. Com. App.—
There was no objection taken in the court below tó the manner in which the petition was indorsed. Appellants for the first time seek to raise that question in this court, and claim that it was error to permit the petition to be read in the court below, for it was not indorsed “original petition,” as required by the rules. To entitle appellants to a hearing here upon that question, it was incumbent upon them to raise it in the court below, by motion or otherwise, and to have it there passed upon, and having failed to do so, they will be held as having waived the…
2Cases cited1 opinion
- Mullins v. WeaverTexas Supreme Court · 1882
3Cited by14 opinions
- Stewart v. MillerCourt of Appeals of Texas · 1925
- Johnson v. BryanTexas Supreme Court · 1884
- Callan v. WaltersCourt of Appeals of Texas · 1916
- Ward v. StuartTexas Supreme Court · 1884
- Hill v. FosterTexas Supreme Court · 1945
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