Troy v. Ellis
Texas Supreme Court
Appeal from Bee. Tried below before the Hon. H. Clay Pleas-ants. This suit was brought April 29,1881, by appellant against appellee for an undivided interest in a tract of land in Bee county and for partition. The petition alleged that defendant owned eight hundred acres'in the survey, and that the residue, supposed to be one thousand acres, belonged to plaintiff. Prayer for an order of survey to ascertain the precise amount of plaintiff’s interest, for partition, etc.
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Appeal from Bee. Tried below before the Hon. H. Clay Pleas-ants. This suit was brought April 29,1881, by appellant against appellee for an undivided interest in a tract of land in Bee county and for partition. The petition alleged that defendant owned eight hundred acres'in the survey, and that the residue, supposed to be one thousand acres, belonged to plaintiff. Prayer for an order of survey to ascertain the precise amount of plaintiff’s interest, for partition, etc. The survey was described by metes and bounds. September 28, 1881, defendant answered by denying that plaintiff had any…
1Opinion of the Court
Delany, J. Com. App.
Our opinion is that there is error in the judgment of the court below. We copy the first proposition contained in appellee’s brief as presenting the probable ground upon which the court rested its action in the premises. It is as follows:
“ A person holding land under deeds from several grantors, which In the aggregate convey a specific number of acres, which have been preceded by a succession of deeds from the original grantee, each of which called for the preceding conveyance, and which conveyed a certain grant of land, describing it as containing a specific number of…
2Cases cited2 opinions
- Smith v. FlyTexas Supreme Court · 1859
- O'Connell v. DukeTexas Supreme Court · 1867
3Cited by6 opinions
- Wooten v. State of TexasTexas Supreme Court · 1944
- Putnam v. PutnamArizona Supreme Court · 1890
- Grand Lodge of the Ancient Order of United Workmen v. ConnollyNew Jersey Court of Chancery · 1899
- Slagle v. ClarkCourt of Appeals of Texas · 1951
- Sims v. WoodsCourt of Appeals of Texas · 1954
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