McNamara v. Meunsch
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. B. W. Bimes. This was an action of trespass to try title brought by the appellant to recover two hundred and fifteen acres described in his petition- as follows: “A part of the Gregoria Basques seven league grant, beginning at the southwest corner of a tract of one hundred acres of land, sold to W. P. Barron ; thence north sixty-two east fifteen hundred and ninety-four varas to stake in prairie ; thence south twenty-eight east…
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Appeal from Falls. Tried below before the Hon. B. W. Bimes. This was an action of trespass to try title brought by the appellant to recover two hundred and fifteen acres described in his petition- as follows: “A part of the Gregoria Basques seven league grant, beginning at the southwest corner of a tract of one hundred acres of land, sold to W. P. Barron ; thence north sixty-two east fifteen hundred and ninety-four varas to stake in prairie ; thence south twenty-eight east seven hundred and sixty-one varas to stake; thence south sixty-two west fifteen hundred and ninety-four varas to stake;…
1Opinion of the Court
Stayton, Associate Justice.
The two deeds offered in evidence purport to convey to the plaintiff the land described in his petition, and this, coupled with the admission of common source of title, in the absence of some evidence tending to show superior right in the defend*70ant to the particular tract claimed by him in his pleadings, required a finding in favor of the plaintiff. It is true that it is necessary to show that the title of a plaintiff extends to the land claimed in his pleadings, when a defendant asserts title to any part of the land so claimed or relies upon the plea of ‘ ‘ not…
2Cited by5 opinions
- Simmons Hardware Co. v. DavisTexas Supreme Court · 1894
- Johnson v. CoitCourt of Appeals of Texas · 1932
- Johns v. HardinTexas Supreme Court · 1891
- Straus v. ShamblinCourt of Appeals of Texas · 1938
- Masterson Irr. Co. v. FooteCourt of Appeals of Texas · 1913