Kelly v. Medlin
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. Duval. This action was brought by the appellant against the appellees for the recovery of an undivided one half interest in a tract of three hundred and twenty acres of land in Travis county, and for partition of the same,—the title to the other half interest being acknowledged by plaintiff to be in defendants.
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Appeal from Travis. Tried below before the Hon. Thomas H. Duval. This action was brought by the appellant against the appellees for the recovery of an undivided one half interest in a tract of three hundred and twenty acres of land in Travis county, and for partition of the same,—the title to the other half interest being acknowledged by plaintiff to be in defendants. The suit was commenced on the 7th day of April, 1856, and came to trial at the January term 1857, when, a jury being waived, the court rendered judgment for defendants. The plaintiff deraigned his title as follows: 1st. Patent…
1Opinion of the CourtEgberts, J.
We are of opinion that the defense was not made out in this case so as to entirely defeat plaintiff's right to recover.
The plaintiff shows a title ¡to himself for the one-third of a league, except four acres at the spring on the river, and one undivided half of three hundred and twenty acres off of the back end of the tract, amounting in all to one hundred and sixty-four acres. In his amended jfetition he admits these exceptions, and claims a partition. His object seems to be, so far as Medlin is concerned, to establish his right to one undivided half of the three hundred and twenty acres at…
2Cited by10 opinions
- Terrell v. MartinTexas Supreme Court · 1885
- Martinez v. BruniTexas Commission of Appeals · 1921
- Club Land & Cattle Co. v. WallTexas Supreme Court · 1906
- McDaniel v. NeedhamTexas Supreme Court · 1884
- Holasek v. JanekCourt of Appeals of Texas · 1922
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