McPhaul v. Lapsley
Supreme Court of the United States
Error to the Circuit Court'for the Western District of Texas; the case being thus: The State, of Texas has made a succession of statutes, on the subject of reóording .'instruments, relating to the titles of real estate.
Read the full summary
Error to the Circuit Court'for the Western District of Texas; the case being thus: The State, of Texas has made a succession of statutes, on the subject of reóording .'instruments, relating to the titles of real estate. They aré thus: 1. .An act of 20th December, 1836, after requiring all persons who claim lands, by deed, lien, or any óther color of' title, to record their instruments of title in the clerk’s office of the county, where the land lies within twelve months from, the 1st April, makes it, by the thirty-fifth section, the duty of the, clerk to record all deeds, conveyances,…
1Opinion of the CourtJustice Swayne
The aetion-'was ejectment. Lapsley was the plaintiff. The plaintiffs in error were the original defendants. In the progress of the cause the plaintiff' dismissed the action as to all of them except N. A. McPhaul, and judgment was rendered against him for their costs. He- recovered against McPhaul, and this writ of error is prosecuted to reverse the judgment.
The writ should have been in the name of McPhaul alone as the plaintiff in error. But as the defect is clearly amendable under the third section of the act of June 1st, 1872, it is unimportant.
There are numerous assignments of error.…
2Cases cited5 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Mitchel and Others v. United StatesSupreme Court of the United States · 1835
- Owings v. HullSupreme Court of the United States · 1835
- Martin v. ParkerTexas Supreme Court · 1862
- Guilbeau v. MaysTexas Supreme Court · 1855
3Cited by8 opinions
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
- Nourse v. RiddellDistrict Court, S.D. California · 1956
- Michael Fiorito v. United StatesCourt of Appeals for the Eighth Circuit · 2016
- Reed v. White, Weld & Co., Inc.Court of Appeals of Texas · 1978
- Banville v. SullivanCourt of Appeals for the D.C. Circuit · 1897
3 more not listed; retrieve them via the Exa API.