Grassmeyer v. Beeson
Texas Supreme Court
Appeal from Fayette. Ti’ied below before the Hon. James H. Bell. Action of trespass to try title to a half league of land, by appellant against appellee, commenced May 20th, 1852, in Colorado county.
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Appeal from Fayette. Ti’ied below before the Hon. James H. Bell. Action of trespass to try title to a half league of land, by appellant against appellee, commenced May 20th, 1852, in Colorado county. The land in controversy was the upper half of a league which was granted to Samuel Kennelly, as a colonist of Stephen F. Austin’s colony, on the 28th day of April, 1831. On the 5th of August, 1833, Kennelly gave the plaintiff a bond to make him a title to the one undivided half of the said league, when the laws of the country would permit. On the 24th of October, 1840, Grassmeyer instituted suit…
1Opinion of the CourtWheeler, J.
The questions now presented, which were not determined upon the former appeal, (13 Tex. R. 524,) and which are deemed to require notice, arise upon the allegations of fraud, and the effect of the decree for specific performance and partition.
Having heretofore determined that the Court had jurisdiction to render the decree, it is perfectly clear that it is conclusive of the questions adjudicated therein, and that they are not now open to examination or discussion, unless the decree was obtained by fraud. (Shannon v. Taylor, 16 Tex. R. 413.) However obtained, it will not be questioned that it…
2Cited by28 opinions
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- Milam County v. RobertsonTexas Supreme Court · 1877
- Steddum v. Kirby Lumber Co.Texas Supreme Court · 1920
- Jones v. AlexanderTexas Commission of Appeals · 1933
- Neeley v. Intercity Management Corp.Court of Appeals of Texas · 1981
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