Stark v. Carroll
Texas Supreme Court
Appeal from Denton. Tried below before the Hon. Win. J. Austin, Special Judge. This was an action of trespass to try title and for partition, brought by Donna J. Stark and John T. Stark, husband and wife, in the district court of Denton county, Texas, on August 22,1884, against J. A. Carroll and G. D. Briar, for recovery of one thousand four hundred and ninety-four and nineteen one-hundredth acres of land out of the Sarah Winfrey survey, in Denton county, Texas.
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Appeal from Denton. Tried below before the Hon. Win. J. Austin, Special Judge. This was an action of trespass to try title and for partition, brought by Donna J. Stark and John T. Stark, husband and wife, in the district court of Denton county, Texas, on August 22,1884, against J. A. Carroll and G. D. Briar, for recovery of one thousand four hundred and ninety-four and nineteen one-hundredth acres of land out of the Sarah Winfrey survey, in Denton county, Texas. Plaintiffs alleged in their petition that Donna J. Stark was the owner in fee simple of one thousand three hundred and ninety-four…
1Opinion of the Court
Willie, Chief Justice.
A reversal of the judgment below is sought by the appellants upon three assignments of error only. The first of these questions the validity of the execution from the United States court, for the reason that it was issued against the estates of deceased persons; the second attacks the marshal’s deed because executed in pursuance of a levy and sale made under an execution issued against the estates of deceased persons; and the third complains of the judgment below because it did not decree to Donna J. Stark fourteen hundred and sixty-eight acres of land instead of three…
2Cases cited4 opinions
- De La Vega v. LeagueTexas Supreme Court · 1885
- Buffalo Bayou Ship Channel Co. v. BrulyTexas Supreme Court · 1876
- Waltz v. BorrowayIndiana Supreme Court · 1865
- North v. SwingTexas Supreme Court · 1859
3Cited by8 opinions
- Hanrick v. HanrickSupreme Court of the United States · 1894
- Kellogg v. Southwestern Lumber Co. of New JerseyCourt of Appeals of Texas · 1931
- State Mortgage Corp. v. GardenCourt of Appeals of Texas · 1928
- McDade v. VogelCourt of Appeals of Texas · 1914
- Hall v. Unknown Heirs of ReeseCourt of Appeals of Texas · 1900
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