Frizzell v. Johnson
Texas Supreme Court
Appeal from Rusk. The case was tried before- Hon. Reuben A. Reeves, one of the district judges. This suit was brought to recover a league of land. Both parties claimed under the same title. But the defendants claimed that,- after Johnson’s purchase from the ancestor, they had purchased half the league of land from the heirs of the ancestor without notice.
Read the full summary
Appeal from Rusk. The case was tried before- Hon. Reuben A. Reeves, one of the district judges. This suit was brought to recover a league of land. Both parties claimed under the same title. But the defendants claimed that,- after Johnson’s purchase from the ancestor, they had purchased half the league of land from the heirs of the ancestor without notice. In the view taken by the court, it is hardly necessary to give the details of a record which so obscurely presents the points claimed by counsel to have been decided. The plaintiff brought an action of trespass to try title, to recover of…
1Opinion of the CourtSmith, J.
The defendant below objected to the introductign in evidence of the title papers of the plaintiff, without indicating any special grounds affecting either of the deeds in form or its legal effect; this objection is overruled, and it is assigned as error. If there be any defect of form, or in the legal effect of either of the deeds offered in evidence, that defect should have been specified, in order that the court might advisedly pass upon it, and the party have an opportunity of removing it if he could; this not having been done, and the particular error of the court not being pointed out,…
2Cases cited6 opinions
- Burnley v. Rice, Adams & Co.Texas Supreme Court · 1858
- Erwin's Lessee v. DundasSupreme Court of the United States · 1845
- Rose v. NewmanTexas Supreme Court · 1861
- United States v. SutterSupreme Court of the United States · 1859
- McKissick v. ColquhounTexas Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Herndon v. ReedTexas Supreme Court · 1891
- Funk v. MillerCourt of Appeals of Texas · 1911
- State v. Heirs of Charles ZancoCourt of Appeals of Texas · 1898
- Lumpkin v. MunceyTexas Supreme Court · 1886
- Jones v. MacCorquodaleCourt of Appeals of Texas · 1919
5 more not listed; retrieve them via the Exa API.