Legal Opinion

Thomson Bros. v. Hubbard

Court of Appeals of Texas

Decided November 22, 1899PublishedCited by 2 opinions

Appeal from Runnel's. Tried below before Hon. J. 0. Woodward. The third assignment of error by appellant J. ~K. Thompson, referred to in the opinion, was as follows: “The court erred in permitting the defendant, Hubbard, to prove by R. M. Thomson, one of the. plaintiffs, that section 146 was originally bought from the State by H. A. Thomson under the Act of 1881; that said Thomson paid the annual interest for some years, and defaulted in the payment of same for some years,…

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Appeal from Runnel's. Tried below before Hon. J. 0. Woodward. The third assignment of error by appellant J. ~K. Thompson, referred to in the opinion, was as follows: “The court erred in permitting the defendant, Hubbard, to prove by R. M. Thomson, one of the. plaintiffs, that section 146 was originally bought from the State by H. A. Thomson under the Act of 1881; that said Thomson paid the annual interest for some years, and defaulted in the payment of same for some years, and that it was forfeited at the Land Office on August 20, 1897. Because (1) the best evidence of said facts would be…

1Opinion of the Court

FISHER, Chief Justice.

—On the 24th of December, 1897, appellants Thomson Bros, filed this suit by injunction to restrain appellee, W. T. Hubbard, from trespassing upon survey No. 146, State school land, situated in Runnels County, wherein they alleged they were in actual and lawful possession of the premises by virtue of a valid lease, and alleging that Hubbard had unlawfully committed acts of trespass upon the premises, and had threatened to continue to do so.

On the 3d day of March, 1898, appellee Hubbard filed his original answer, which consisted of general and special demurrers, general…

2Cases cited3 opinions

  1. House v. ReavisTexas Supreme Court · 1896
  2. Chancey v. StateTexas Supreme Court · 1892
  3. Willoughby v. TownsendCourt of Appeals of Texas · 1898

3Cited by2 opinions

  1. Woodall v. AdamsCourt of Appeals of Texas · 1928
  2. Morgan v. FlemingCourt of Appeals of Texas · 1910

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