Flanagan v. Pearson
Texas Supreme Court
Appeal from Busk. Tried below before the Hon. A. J. Booty. The opinion gives a sufficiently full history of the case, ex-eept that the answer held to have been erroneously ruled out is not stated. The plaintiff sued in trespass to try title. By amendment he set out his title, wrhich was by sheriff’s sale, in which he was plaintiff and the purchaser. The defendants held under a trust deed made by the defendant in execution, which deed was by plaintiff attacked for fraud.
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Appeal from Busk. Tried below before the Hon. A. J. Booty. The opinion gives a sufficiently full history of the case, ex-eept that the answer held to have been erroneously ruled out is not stated. The plaintiff sued in trespass to try title. By amendment he set out his title, wrhich was by sheriff’s sale, in which he was plaintiff and the purchaser. The defendants held under a trust deed made by the defendant in execution, which deed was by plaintiff attacked for fraud. The defendants sought to set aside the sale for fraud and irregularities. Objections urged to said sale are as follow: 1.…
1Opinion of the Court
Gould, Associate Justice.
Pearson claimed the land, to recover which he brought this suit, as purchaser at execution sale in 1871, under a judgment in his favor against J. W. Flanagan, of date May, 1867, and affirmed on appeal to this court in 1869. For a history of the claim on which that judgment was founded, and of further litigation in regard to it, see Flanagan v. Pearson, 42 Tex., 1. The appellants, besides claiming an undivided half interest in the land as the heirs of their mother's community interest therein, also claimed under a deed of trust from their father, J. W. Flanagan, of…
2Cases cited2 opinions
- Flanagan v. PearsonTexas Supreme Court · 1874
- Cravens v. WilsonTexas Supreme Court · 1877
3Cited by6 opinions
- Hill v. MooreTexas Supreme Court · 1884
- Ives v. CultonCourt of Appeals of Texas · 1917
- Pearson v. HudsonTexas Supreme Court · 1879
- Ranney v. HoganTexas Commission of Appeals · 1880
- Park v. Johnson & RatherCourt of Appeals of Texas · 1900
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