Sellman v. Hardin
Texas Supreme Court
Appeal from Havarro. Tried below before the Hon. L. D. Bradley. , Action of trespass to try title by Hardin, who filed an abstract of his title, under the heirs of Benoni Middleton, to whom the land was patented.
Read the full summary
Appeal from Havarro. Tried below before the Hon. L. D. Bradley. , Action of trespass to try title by Hardin, who filed an abstract of his title, under the heirs of Benoni Middleton, to whom the land was patented. On the trial plaintiff failed to prove a complete chain of title, but did establish title under W. B. Middleton, who conveyed the land September 2, 1867. For the purpose of showing that the defendant claimed title from -W. B. Middleton as a common source, plaintiff introduced a deed from S. 0. Anderson, constable of precinct Ho. 1, Havarro county, to J. B. Loughridge, dated March 2,…
1Opinion of the Court
Staytox, Associate Justice.
The evidence showed that the parties claimed title from a common source, and that of the appellee, being the older, entitled Mm to recover. R. S., 4802. The fact that *88the appellee filed an abstract of title under which he claimed, that reached back to the sovereignty of the soil, Avhich he did not establish by proof, did not alter the rule.
[Opinion delivered November 21, 1882.]
The rale that a party asserting title under an execution sale must show the execution and judgment under Avhich the sale Avas made, as well as his deed, applies only when the party is seeking…
2Cases cited1 opinion
- Harnage v. BerryTexas Supreme Court · 1875
3Cited by24 opinions
- Wright v. Vernon Compress CompanyTexas Supreme Court · 1956
- Houston Oil Co. of Texas v. StepneyCourt of Appeals of Texas · 1916
- Richey v. MillerTexas Supreme Court · 1944
- De Las Fuentes v. McDonaldTexas Supreme Court · 1892
- Nona Mills Company v. L.P. WrightTexas Supreme Court · 1907
19 more not listed; retrieve them via the Exa API.