Ayres v. Duprey
Texas Supreme Court
Appeal from Lavaca', Tried below before the- Hon. Fielding Jones. Trespass to try title, brought by the appellant, Ayres, against Duprey, the appellee, to recover a half league and labor of land in Lavaca county. The petition was filed June 26, 1858, and, besides the usual allegations of a suit of trespass to try title, contained an averment that the defendant set up a pretended claim to the land, thereby casting a cloud upon the plaintiff’s title, to his damage, &c.
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Appeal from Lavaca', Tried below before the- Hon. Fielding Jones. Trespass to try title, brought by the appellant, Ayres, against Duprey, the appellee, to recover a half league and labor of land in Lavaca county. The petition was filed June 26, 1858, and, besides the usual allegations of a suit of trespass to try title, contained an averment that the defendant set up a pretended claim to the land, thereby casting a cloud upon the plaintiff’s title, to his damage, &c. Besides the ordinary judgment, the prayer also asked a decree removing the clouds, &c. The defendant demurred, and answered…
1Opinion of the CourtMoore, J.
No injury resulted to Ayres from the exclusion from the jury of the deposition of Ryan, the former sheriff of Lavaca county. It was intended to show by his testimony that the land in controversy had been appraised as required by law, before it was sold by him under the judgment and execution against Johnson, through which Ayres claims title. The return of the sheriff and the appraisement of the land, which he caused to be made, were before the court, and unquestionably are the pri*599mary and best evidence of Ms official action. As a general rule, and in the absence of fraud or mistake, it…
2Cases cited11 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Boon v. F. M. Weathered's AdministratorTexas Supreme Court · 1859
- Jackson v. SebringNew York Supreme Court · 1819
- Brooks v. RooneySupreme Court of Georgia · 1852
- Daniel v. SorrellsSupreme Court of Alabama · 1846
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3Cited by93 opinions
- Moore v. SnowballTexas Supreme Court · 1904
- Taylor v. HarrisonTexas Supreme Court · 1877
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Fuller v. O'NeilTexas Supreme Court · 1887
- Holmes v. BucknerTexas Supreme Court · 1886
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