Legal Opinion

Sinclair v. Stanley

Texas Supreme Court

Decided February 7, 1888No. 2350PublishedCited by 20 opinions

Appeal from Galveston. Tried below before the Hon. W. H. Stewart. Appellees brought suit against appellants April 19, 1883, to recover actual and exemplary damages for tearing down his house and destroying his goods situate therein, on the ninth day of April, 1883. It was alleged in the petition that appellee was in the peaceable possession of the house built by him on the ground leased for the term of eighteen months, and had occupied the house since the fourth day of…

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Appeal from Galveston. Tried below before the Hon. W. H. Stewart. Appellees brought suit against appellants April 19, 1883, to recover actual and exemplary damages for tearing down his house and destroying his goods situate therein, on the ninth day of April, 1883. It was alleged in the petition that appellee was in the peaceable possession of the house built by him on the ground leased for the term of eighteen months, and had occupied the house since the fourth day of April, 1883, as a restaurant and bar room; that appellants, “'with systematic and preconcerted malice,” .persecuted him,…

1Opinion of the Court

Acker, Judge.

The uncontroverted facts of this case are: That Thatcher & Co. and the Galveston City Railroad Company each claimed to own lot 8 in out lot 141, in the city of Galveston, under a common source and both through judicial sales. Thatcher & Co. through judgment of the United States court and execution sale thereunder by the marshal; and the railroad company through judgment of the district court of Travis county and execution sale thereunder by the sheriff of Galveston county. Waul & Walker were agents for Thatcher & Co., and, as such agents, leased the lot to appellee, Stanley, in…

2Cases cited2 opinions

  1. I. & G. H. R'y Co. v. IrvineTexas Supreme Court · 1885
  2. Warren v. KellyTexas Supreme Court · 1856

3Cited by20 opinions

  1. Holland v. LesesneCourt of Appeals of Texas · 1961
  2. Crawford v. ThomasonCourt of Appeals of Texas · 1909
  3. Texas Indemnity Ins. Co. v. WilsonCourt of Appeals of Texas · 1926
  4. El Paso Electric Co. v. CollinsCourt of Appeals of Texas · 1928
  5. Levy v. RogersCourt of Appeals of Texas · 1934

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