Long v. Brenneman
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. B. B. Gaines. Appellee brought suit in trespass to try and remove cloud from his title to a lot in Paris. The defendant pleaded the general issue, title in himself and statutes of limitation of three, five and ten years. The court heard the evidence and gave judgment for plaintiff.
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Appeal from Lamar. Tried below before the Hon. B. B. Gaines. Appellee brought suit in trespass to try and remove cloud from his title to a lot in Paris. The defendant pleaded the general issue, title in himself and statutes of limitation of three, five and ten years. The court heard the evidence and gave judgment for plaintiff. Appellant assigned as error: “ The court erred in allowing plaintiff to introduce in evidence in support of his title a certain judgment rendered by B. F. Fuller, a justice of the peace in Lamar county, in favor of Andrew Dinwiddie v. W. J. Evans, on the 6th day of…
1Opinion of the Court
Willie, Chief Justice.—
Both parties to this suit claim title to the land in controversy under W. J. Evans; the appellee under a purchase made at a sale by virtue of an execution issued upon a judgment rendered by a justice of the peace against Evans in favor of Dinwiddie, and appellant under a deed from Evans to himself.
The execution sale was prior in date to the deed from Evans to appellant, but it isclaiined that the justice’s judgment was void, and the sale under it conveyed no title. And this for two reasons: 1. Because the judgment purports to have been obtained upon service had by…
2Cases cited6 opinions
- Fitch v. BoyerTexas Supreme Court · 1879
- Williams v. BallTexas Supreme Court · 1879
- Lawler's Heirs v. WhiteTexas Supreme Court · 1863
- Wright v. DailyTexas Supreme Court · 1863
- Harris v. HardemanTexas Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Burnham v. Hardy Oil Co.Texas Supreme Court · 1917
- Dunn v. TaylorCourt of Appeals of Texas · 1906
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Blum v. RogersTexas Supreme Court · 1888
- Williams v. HaynesTexas Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.