Mooring & Lyon v. McBride
Texas Supreme Court
Appeal from Cass. Tried below before the Hon. B. T. Estes. C. McBride and F. M. Henry, the appellees, brought an action of trespass to try title against B. A. Bauguss, J. E. D. Blaydes, the appellants Mooring & Lyon and J. A. Bauguss, to recover a tract of seven hundred and seventy acres of land, part of the Davenport head-right in Cass county. J. E. D. Blaydes is the common source of title.
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Appeal from Cass. Tried below before the Hon. B. T. Estes. C. McBride and F. M. Henry, the appellees, brought an action of trespass to try title against B. A. Bauguss, J. E. D. Blaydes, the appellants Mooring & Lyon and J. A. Bauguss, to recover a tract of seven hundred and seventy acres of land, part of the Davenport head-right in Cass county. J. E. D. Blaydes is the common source of title. Plaintiffs claimed that they were entitled to possession from October 8,1873, but had been withheld from the land since that time. Their claim for title was as follows: August 2, 1871, McBride, as…
1Opinion of the Court
Stanton, Associate Justice.
To entitle the appellees to recover in this cause, it was necessary for them to prove that B. A. Bauguss was the owner of the land at the time they purchased under the execution against him, or that he had some interest therein, subject to execution, which passed by the sale at which they purchased.
It is not denied that, prior to the execution of the deed by Blaydes to Mooring & Lyon, the legal title to the land was in the former; but it is contended that Blaydes, prior to the time the appellees bought the property under the execution against Bauguss, executed to…
2Cases cited3 opinions
- McDow v. RabbTexas Supreme Court · 1882
- Wallace v. WilcoxTexas Supreme Court · 1863
- Davenport v. HerveyTexas Supreme Court · 1867
3Cited by23 opinions
- Gilbert v. OdumTexas Supreme Court · 1888
- Lester v. HutsonCourt of Appeals of Texas · 1914
- Earl v. MundyCourt of Appeals of Texas · 1921
- Chase v. York County Savings BankTexas Supreme Court · 1896
- Trinity County Lumber Co. v. PinckardCourt of Appeals of Texas · 1893
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