Ross v. McGowen
Texas Supreme Court
Appeal from San Jacinto. Tried below before the Hon. Edwin Hobby. Appellees Henry and Margaret McGowen, as husband and wife, brought this suit against Ben McGowen and appellant, in form of trespass to try title, and for damages, to cancel deed, and recover one-third of one hundred and thirty-two acres of land alleged to be the homestead of plaintiffs Henry and Margaret.
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Appeal from San Jacinto. Tried below before the Hon. Edwin Hobby. Appellees Henry and Margaret McGowen, as husband and wife, brought this suit against Ben McGowen and appellant, in form of trespass to try title, and for damages, to cancel deed, and recover one-third of one hundred and thirty-two acres of land alleged to be the homestead of plaintiffs Henry and Margaret. Defendant below, Ben, answered that he purchased the land of plaintiff Henry for $400, executing his note for purchase money, with vendor’s lien, etc.; that plaintiffs Henry and Margaret abandoned the one hundred and…
1Opinion of the Court
Willie, Chief Justice.
It is urged by counsel representing the appellees in this cause, that the statement of facts found in the record should not be considered by the court, because it was made up and filed after the final adjournment of court, and no order had been made during term time allowing this to be done.
The term ended, as appears by the caption of the transcript, on the 19th of May, 1882, and the statement of facts was signed by the judge on the 23d, and filed on the 25th of the same month. These, therefore, occurred within ten days after the close of the court; but there does not…
2Cases cited8 opinions
- Anding v. PerkinsTexas Supreme Court · 1867
- Thomas v. WilliamsTexas Supreme Court · 1878
- Austin v. StateTexas Supreme Court · 1874
- Bast v. AlfordTexas Supreme Court · 1858
- Armstrong v. LipscombTexas Supreme Court · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Parker v. SchrimsherCourt of Appeals of Texas · 1914
- Raleigh & Heidenheimer Bros. v. CookTexas Supreme Court · 1883
- Houston & Texas Central Railroad v. ParkerTexas Supreme Court · 1911
- Patrick v. PierceTexas Supreme Court · 1916
- Lockett v. SchurenbergTexas Supreme Court · 1884
35 more not listed; retrieve them via the Exa API.