Treadway v. Eastburn
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Trespass to try title brought by Edward Eastburn, for one thousand four hundred and ninety-six acres of land, for $2,000 damages, and $500 per annum rents.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Trespass to try title brought by Edward Eastburn, for one thousand four hundred and ninety-six acres of land, for $2,000 damages, and $500 per annum rents. Defendants A. Y. and W. W. Gunter answered April 1,1880, and, after their general answer, set out that on April 18, 1867, judgment was rendered in the district court of Lamar county, in case Ho. 1485 (Sampson Fulsom v. Edward Eastburn) for $2,158.80, and foreclosing attachment lien upon the lands in controversy, and decreeing them to be sold to satisfy the debt; that the lands…
1Opinion of the Court
Bonner, Associate Justice.
All the defendants below, appellants in this court, claim title to the land in controversy under the sale by virtue of the judgment of the district court enforcing the attachment lien in the original suit of Sampson Fulsom v. Edward Eastburn, appellee.
The record shows that at least two of these defendants, A. T. and W. W. Gunter, were purchasers in good faith for a valuable consideration, before any proceedings were taken by appellee Eastburn to avoid that judgment, and "when it was in full force and effect. These defendants were strangers to that suit, and unless…
2Cases cited13 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Hahn v. KellyCalifornia Supreme Court · 1868
- Fitch v. BoyerTexas Supreme Court · 1879
- Coit v. HavenSupreme Court of Connecticut · 1861
- Drake v. DuvenickCalifornia Supreme Court · 1873
8 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Fowler v. SimpsonTexas Supreme Court · 1891
- Jones v. City of JeffersonTexas Supreme Court · 1886
- Martin v. Burns, Walker Co.Texas Supreme Court · 1891
- Switzer v. SmithTexas Commission of Appeals · 1927
- Dunn v. TaylorCourt of Appeals of Texas · 1906
93 more not listed; retrieve them via the Exa API.