Hendricks v. Snediker
Texas Supreme Court
Appeal from Harrison. Tlie case was tried, before X>„ C. Jennings, Esq., a special judge, chosen because of the interest of Hon. Charles A. Frazer, one of the district judges. Hendricks sued William Snediker and William B. Cole, in an action of trespass to try title, for the recovery of a lot and improvements thereon, in the town of Harrison.
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Appeal from Harrison. Tlie case was tried, before X>„ C. Jennings, Esq., a special judge, chosen because of the interest of Hon. Charles A. Frazer, one of the district judges. Hendricks sued William Snediker and William B. Cole, in an action of trespass to try title, for the recovery of a lot and improvements thereon, in the town of Harrison. In an amended petition he averred, that, on the 8th day of September, 1856, the plaintiff" recovered a judgment against Elands W. Brewer and William W. Adams; that execution was issued and levied upon the lot in controversy, and sold on the 2d of March,…
1Opinion of the CourtMoore, C. J.
The demurrer in this case seems to have been sustained on the supposition that the judgment of this court in the case of Boze v. Davis, 14 Tex., 331, precludes appellant from a recovery of the land for which he sues. If the judgment in that case can be maintained, as a correct application of the rules of equity to the facts which were before the court, there can be no doubt that appellant cannot enforce his demand for the land which he claims, if his right to it rested solely upon the ability of the defendant in execution to have enforced a specific performance of the voluntary agreement of…
2Cases cited4 opinions
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
- Shepherd v. BevinCourt of Appeals of Maryland · 1850
- Daugherty v. Cox's Adm'rTexas Supreme Court · 1854
- Boze v. Davis' Adm'rsTexas Supreme Court · 1855
3Cited by27 opinions
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- Murphy v. StellTexas Supreme Court · 1875
- Moser & Son v. Charles E. Tucker & Co.Texas Supreme Court · 1894
- Willis v. MatthewsTexas Supreme Court · 1877
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