Peck v. McKellar
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Wesley Ogden. Peck, tbe appellant, brought this suit against McKellar and wife to try title to a tract of land in Gonzales county. Tbe defendants claimed two hundred acres of the land as their homestead.
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Appeal from Gonzales. Tried below before the Hon. Wesley Ogden. Peck, tbe appellant, brought this suit against McKellar and wife to try title to a tract of land in Gonzales county. Tbe defendants claimed two hundred acres of the land as their homestead. Peck derived his title through a sale made under a trust deed which had been made by McKellar and wife, and which was duly acknowledged and certified, except that the notary public had affixed the seal of the county court to his certificate of the execution and acknowledgment of the deed by the makers. This mistake of the notary does not…
1Opinion of the CourtMorrill, C. J.
This cause presents a question of practice in the District Court as to the power of the plaintiff at any time to take a nonsuit; and also, as to the duty of the court to set aside the nonsuit when it is apparent that .the plaintiff was compelled to become nonsuit from occurrences not based upon negligence or want of proper caution on his part.
The question before the court was the ownership of a tract of land, the plaintiff claiming under a deed from defendants. The deed appeared to have- been perfectly formal, and indeed was so, except that the notary had. used the seal of the county court…
2Cases cited3 opinions
- Huston v. BerryTexas Supreme Court · 1848
- Easterling v. BlytheTexas Supreme Court · 1851
- Austin v. TownesTexas Supreme Court · 1853
3Cited by8 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Stone v. SledgeTexas Supreme Court · 1894
- Ex Parte NortonTexas Supreme Court · 1929
- Schaetzel v. City of HuronSouth Dakota Supreme Court · 1894
- Allied Paint Mfg. Co. v. BanesSupreme Court of Oklahoma · 1953
3 more not listed; retrieve them via the Exa API.