Legal Opinion

Warren v. Kelly

Texas Supreme Court

Decided July 1, 1856PublishedCited by 16 opinions

Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Action of forcible entry and detainer, commenced by Francis Kelly against Joseph Warren, in a Justice’s Court, to recover the possession of certain premises, from which it was alleged the plaintiff had been forcibly ejected by the defendant, who still continued forcibly to detain the possession thereof.

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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. Action of forcible entry and detainer, commenced by Francis Kelly against Joseph Warren, in a Justice’s Court, to recover the possession of certain premises, from which it was alleged the plaintiff had been forcibly ejected by the defendant, who still continued forcibly to detain the possession thereof. The plaintiff in his petition described the premises as included in a survey of Thomas Mays, assignee of Daniel J. Gilbert. Kelly had judgment in the Justice’s Court, and Warren removed the case by certiorari to the District…

1Opinion of the CourtLipscomb, J.

This suit was brought by the appellee before *549a Justice of the Peace, for a forcible entry and detainer, under the Act of the Legislature of the 15th March, 1848, (Hart. Dig. p. 449 ;) and believing, as we do, that whether any of the supposed errors presented by the record can be sustained, depends upon the construction of the first Section of the Act under which the suit was brought: we will here transcribe it. The Section reads as follows, i. e.

“ That if any person shall make an entry into any lands, ten- ” ements, or other real property, except in cases where entry “ is given by law, or…

2Cited by16 opinions

  1. Crawford v. ThomasonCourt of Appeals of Texas · 1909
  2. Young Women's Christian Ass'n v. HairCourt of Appeals of Texas · 1942
  3. Sinclair v. StanleyTexas Supreme Court · 1888
  4. Smith v. ReederOregon Supreme Court · 1892
  5. Texas Land Co. v. TurmanTexas Supreme Court · 1880

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