Webster v. Mann
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. William H. Stewart. Suit in trespass to try title and sequestration, brought by George Maim, appellee, Eovcmber 3,1877, for lots 8, 9, and 35 feet of 10, in block 255, in the city of Galveston, against appellants, Webster and Williams. Appellants answered jointly by general demurrer, general denial, and plea of not guilty. Cause tried by the court without a jury. Judgment for appellee for possession.
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Appeal from Galveston. Tried below before the Hon. William H. Stewart. Suit in trespass to try title and sequestration, brought by George Maim, appellee, Eovcmber 3,1877, for lots 8, 9, and 35 feet of 10, in block 255, in the city of Galveston, against appellants, Webster and Williams. Appellants answered jointly by general demurrer, general denial, and plea of not guilty. Cause tried by the court without a jury. Judgment for appellee for possession. Plaintiffs introduced a general warranty deed from defendant Betsy Webster to one Thomas Baker, for five lots, including those sued for,…
1Opinion of the Court
Bonner, Associate Justice.
The first error assigned is, that “ the court erred in rendering judgment for the plaintiff' without his deraigning from a common source, or from the government, and showing title in himself.”
The defendant Baker Williams, as shown by his own testimony, did not set up any claim to the land in controversy, but was there simply in the capacity of a nurse or attendant for the other defendant, Betsy Webster, and was thus virtually in possession under her, the real defendant.
If, however, he should be considered as a separate trespasser, the testimony further shows that he…
2Cases cited8 opinions
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Howards v. DavisTexas Supreme Court · 1851
- Peters v. ClementsTexas Supreme Court · 1876
- Mann v. FalconTexas Supreme Court · 1860
- Walker v. EmersonTexas Supreme Court · 1858
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3Cited by18 opinions
- Stephens v. MotlTexas Supreme Court · 1891
- Kennedy v. EmbryTexas Supreme Court · 1888
- Ransom v. BrownTexas Supreme Court · 1885
- Rainey v. ChambersTexas Supreme Court · 1881
- Cassidy v. KlugeTexas Supreme Court · 1889
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