Pearson v. Hudson
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. A. J. Booty. Suit bj7 P. H. Pearson against R. B. Flanagan and the other appellees, in trespass to try title, to recover about twelve acres of land in the town of Henderson, the same being a part of the Starr labor. A jury being waived, judgment was render for R B. Flanagan and the other appellees, from which Pearson appealed.
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Appeal from Rusk. Tried below before the Hon. A. J. Booty. Suit bj7 P. H. Pearson against R. B. Flanagan and the other appellees, in trespass to try title, to recover about twelve acres of land in the town of Henderson, the same being a part of the Starr labor. A jury being waived, judgment was render for R B. Flanagan and the other appellees, from which Pearson appealed. On the trial, appellees read in evidence a judgment against J. W. Flanagan for §1,000, a fieri facias on that judgment, with levy and sheriff’s deed. Pearson bid off the property at §10, which was credited on the judgment.…
1Opinion of the Court
Bonner, Associate Justice.
On a former appeal in this case (50 Tex., 383) it was decided that James W. Flanagan, the defendant in execution, inasmuch as he had parted with his title to the property in controversy to appellees, E. B. Flanagan et al., before the levy of the execution, was not a proper party, and he was accordingly dismissed.
The present appellees, E. B. Flanagan et al., and who were the real defendants below and in possession, were held to be proper parties defendant, and as such were permitted to contest the validity of the execution sale.
In these two particulars the suit now…
2Cases cited4 opinions
- Chamblee v. TarboxTexas Supreme Court · 1863
- Allen v. StephanusTexas Supreme Court · 1857
- Taul v. WrightTexas Supreme Court · 1876
- Flanagan v. PearsonTexas Supreme Court · 1878
3Cited by8 opinions
- Charter National Bank-Houston v. StevensCourt of Appeals of Texas · 1989
- Allen v. PiersonTexas Supreme Court · 1884
- Miller v. KoertgeTexas Supreme Court · 1888
- Nolan v. YoungCourt of Appeals of Texas · 1920
- Collett v. Houston T. C. R. Co.Court of Appeals of Texas · 1916
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