Battle v. Guedry
Texas Supreme Court
Error from McLennan. Tried below before the Hon. L. 0. Alexander. Suit in trespass to try title, filed July 4, 1879, by plaintiff in error against a number of defendants. Two of these, Victoria Guedry and her husband, F. E. Guedry, filed a disclaimer on the 24th of June, 1881, for the 10th day of May, 1880. And on the same day Fannie A. Nichols, joined by her husband, Charles H. Nichols, made themselves parties defendant, as landlords of the other defendants.
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Error from McLennan. Tried below before the Hon. L. 0. Alexander. Suit in trespass to try title, filed July 4, 1879, by plaintiff in error against a number of defendants. Two of these, Victoria Guedry and her husband, F. E. Guedry, filed a disclaimer on the 24th of June, 1881, for the 10th day of May, 1880. And on the same day Fannie A. Nichols, joined by her husband, Charles H. Nichols, made themselves parties defendant, as landlords of the other defendants. They filed a general demurrer, general denial, and a plea of not guilty. The cause was submitted to the court without a jury, May 10,…
1Opinion of the Court
Delany, J. Com. App.
The three assignments of error may be summed up in one proposition, that the court erred in holding “ that the judgments, orders of sale and deeds in evidence do not show that the title to the land in controversy was ever divested out of J. P. Clements, who is admitted to be the common source of title.”
There is no explanatory evidence in the record. It is not shown that there was no such person as P. B. Clements, or that no judg*114ment was in fact rendered against him. But we are asked to assume, as a matter of law, that a judgment against J. P. .Clements will support an…
2Cases cited3 opinions
- Williams v. BallTexas Supreme Court · 1879
- Hughes v. DriverTexas Supreme Court · 1878
- Harmon v. LarnedIllinois Supreme Court · 1871
3Cited by8 opinions
- Cleveland v. SimpsonTexas Supreme Court · 1890
- Morris v. BalkhamCourt of Appeals of Texas · 1889
- Williams v. ThomasCourt of Appeals of Texas · 1898
- Ostrom v. StateCourt of Appeals of Texas · 1935
- Harkey v. DayCourt of Appeals of Texas · 1910
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