McCardell v. Lea
Texas Supreme Court
Error to the Court of Civil Appeals for the Ninth District, in an appeal from Liberty County. McCardell and others brought suit for land claimed by them as heirs of Davis, against Lea and others claiming the same under a sale by the administrator of Davis’ estate. Plaintiffs were denied a recovery and defendants awarded one on their cross action for the land in controversy. Plaintiffs appealed; and on affirmance (200 S. W., 562) obtained writ of error.
1Opinion of the CourtJustice Greenwood
Plaintiffs in error brought this suit against defendants in error for the recovery of an undivided 53/56 interest in a tract of some 1431 acres of land out of the J. D. Martinez leagues in Liberty County, numbered six and nine. Defendants in error answered with a general denial and a plea of not guilty and filed a cross-action against plaintiffs in error for the recovery of the/ entire 1431 acres tract.
Trial without a jury resulted in a judgment that plaintiffs in error take nothing by their suit, and that defendants in error recover on their cross-action the title to, and possession of, the…
2Cases cited13 opinions
- Hancock v. ButlerTexas Supreme Court · 1858
- Hermann v. LikensTexas Supreme Court · 1897
- Curdy v. StaffordTexas Supreme Court · 1895
- Smith v. CrosbyTexas Supreme Court · 1893
- Taffinder v. MerrellTexas Supreme Court · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Clements v. Texas Co.Court of Appeals of Texas · 1925
- Empire Gas & Fuel Co. v. AlbrightTexas Supreme Court · 1935
- Continental Supply Co. v. Missouri, K. & T. Ry. Co. of TexasTexas Commission of Appeals · 1925
- Pomeroy v. PearceTexas Commission of Appeals · 1928
- Dallas County Fresh Water Supply Dist. No. 7 v. Mercantile Securities Corp.Court of Appeals of Texas · 1937
14 more not listed; retrieve them via the Exa API.