G., C. & S. F. R'y Co. v. Jones
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Appellee, as plaintiff below, and his wife, Elizabeth Jones, filed an amended petition April 23, 1883, alleging in substance that they owned as a homestead a certain tract of land (describing same) on Galveston Bay near Virginia Point.
Read the full summary
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Appellee, as plaintiff below, and his wife, Elizabeth Jones, filed an amended petition April 23, 1883, alleging in substance that they owned as a homestead a certain tract of land (describing same) on Galveston Bay near Virginia Point. That on June 27, 1882, defendant entered on said premises with a large number of hands, steam-engines and cars and tools, tore up the earth, soil and shell banks, the road and beach, built a railroad across the same and carried away large quantities of shell, all against their consent, to their…
1Opinion of the Court
Delany, J. Com. App.
The ninth, tenth, eleventh and twelfth assignments of error present the action of the court in overruling defendant’s exceptions to the petition and supplemental petition of plaintiff. Our opinion is that the court did not err in these rulings.
*527The pleadings of the plaintiff set forth with sufficient clearness the grounds of his complaint.
The first and second assignments will be considered together. The negotiation for the right of way and for the sale of the shell took place between the plaintiff and Killeen, the agent of the defendant.
On the trial the plaintiff testified…
2Cited by3 opinions
- McCaskey v. SchrockCourt of Appeals of Texas · 1920
- State Bank v. WilliamsCourt of Appeals of Texas · 1923
- Sunshine Oil Corp. v. RandalsCourt of Appeals of Texas · 1921