Fitzpatrick v. Blocker
Texas Supreme Court
Appeal from Harrison. Tried below before Dudley S. Jennings, Esq., by the selection of the parties, the presiding judge being disqualified from trying the same. This suit was brought by the appellee against the appellant. Judgment was rendered in favor of the plaintiff, for the amount of the verdict of the jury, and costs of suit. The other facts appear from the opinion.
1Opinion of the CourtRoberts, J.
This is an action of trespass, for entering upon the land of the plaintiff, and cutting and carrying off timber, &c. The plaintiff established title in himself, and proved that the defendant committed trespasses. The principal defence relied on, seems to be, that there was a tenant of one holding adversely, in possession. Admitting this defence to be good, as stated, it was not made out in proof. The evidence in the record tends, rather than otherwise, to show that the person in possession, was the tenant of Blocker, at the time the trespasses were committed.
It is contended also, that the…
2Cited by1 opinion
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