Berry v. Boggess
Texas Supreme Court
Error from McLennan. Tried below before the Hon. B. W. Rimes. The following from the brief of counsel is adopted as a correct statement of the case: Maria Boggess, on the 22d day of October, 1880, brought an action of trespass to try title to a certain lot and improvements thereon, in Waco, Texas, against Louis Berry and Sarah Berry, the plaintiffs in error in this cause.
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Error from McLennan. Tried below before the Hon. B. W. Rimes. The following from the brief of counsel is adopted as a correct statement of the case: Maria Boggess, on the 22d day of October, 1880, brought an action of trespass to try title to a certain lot and improvements thereon, in Waco, Texas, against Louis Berry and Sarah Berry, the plaintiffs in error in this cause. On the 4th day of May, 1881, the plaintiff below, Maria Boggess, filed an amended petition, reciting the execu tion and delivery by her of a deed dated 12th May, 1879, to said Sarah Berry, to a lot in Waco, fully described,…
1Opinion of the Court
Watts, J. Com. App.
According to the view we take of this case, it is not necessary in disposing of the same to consider in detail the various objections to the judgment presented by the assignment of errors.
Plaintiffs in error claim in their answer that, long before defendant in error had executed the deed, they had purchased the lot, and paid her therefor $250; that she had placed them in possession; that they had made valuable improvements thereon and were occupying it as a homestead. Also, that as Sarah Berry did not consent to the payment of $5 per month, and a reservation of a lien in…
2Cited by14 opinions
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- Smith v. ClarkCourt of Appeals of Texas · 1924
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