Mann v. Durst
Texas Supreme Court
Application for writ of error to Court of Civil Appeals for Third District. John Durst brought suit in trespass to try title against Mary M. Mann, who disclaimed. The question tried was as to defendant’s liability for rent, she having enclosed with her own a tract of land belonging to plaintiff, adjacent to but not entirely surrounded by hers. Defendant had judgment below, and on appeal by plaintiff this was reversed and remanded.
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Application for writ of error to Court of Civil Appeals for Third District. John Durst brought suit in trespass to try title against Mary M. Mann, who disclaimed. The question tried was as to defendant’s liability for rent, she having enclosed with her own a tract of land belonging to plaintiff, adjacent to but not entirely surrounded by hers. Defendant had judgment below, and on appeal by plaintiff this was reversed and remanded. Appellee sought a writ of error, alleging jurisdiction in the Supreme Court because two Courts of Civil Appeals held differently as to the liability for rents in…
1Opinion of the Court
GAINES, Chief Justice.
This is a reversed and remanded case. In ■order to show jurisdiction of this court, the applicant asserts, “that this court has jurisdiction of this case, notwithstanding it was reversed. Because two of the Courts of Civil Appeals hold differently on the question of law herein presented, to-wit: 1. The Court of Civil Appeals for the Sec-ond Supreme Judicial District holds that the defendant below would be liable for rents under the facts of this case. (See St. Louis Cattle Co. v. Vaught, 1 Texas Civ. App., 388.) 2. The Court of Civil Appeals for the Fifth Supreme…
2Cited by3 opinions
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