Myers v. Easterwood
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. D. M. Prendergast. Appellee brought this suit in trespass to try title against appellant and Samuel Truitt, to recover possession of one thousand two hundred and eighty acres of land, claiming title to and possession of the whole of the tract by virtue of a deed from O. P. Arnold, as sheriff of Johnson county, to C. Y. Kouns, dated the 6th of April, 1875, same purporting to convey the title of the plaintiffs in the case of…
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Appeal from Johnson. Tried below before the Hon. D. M. Prendergast. Appellee brought this suit in trespass to try title against appellant and Samuel Truitt, to recover possession of one thousand two hundred and eighty acres of land, claiming title to and possession of the whole of the tract by virtue of a deed from O. P. Arnold, as sheriff of Johnson county, to C. Y. Kouns, dated the 6th of April, 1875, same purporting to convey the title of the plaintiffs in the case of Haltaman et al. v. Newby et al., and a deed from said C. Y. Kouns to J. A. Easterwood, plaintiff in the court below,…
1Opinion of the Court
Stayton, Associate Justice.
There are some things in the agreement of the parties to arbitrate which indicate that it was their intention to arbitrate under the statute. Though the arbitration cannot be sustained as one under the statute, for the reason that the matter was submitted to one sole arbitrator, while the statute provides for two, and, in case of their disagreement, for an umpire, yet we are of the opinion that the parties must be held to have intended that such an arbitration should be made as would effectually settle the matter of difference between them, and as should be…
2Cited by12 opinions
- L. H. Lacy Co. v. City of LubbockTexas Supreme Court · 1977
- In re the Arbitration between Kreiss & HotalingCalifornia Supreme Court · 1892
- Ferguson v. FergusonCourt of Appeals of Texas · 1936
- Robbs v. WoolfolkCourt of Appeals of Texas · 1920
- Flukinger v. StraughanCourt of Appeals of Texas · 1990
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