Mitchell v. Nix
Texas Commission of Appeals
Appeal from Cooke. Tried below before the Hon. A. J. Carroll. This was an action of trespass to try title brought by the appellant for a tract of one hundred and sixty acres of land patented to him as the assignee of A. G-. Harris, granted by virtue of the pre-emption laws in right of the pre-emption claim and occupancy thereof by Harris; said Hams being a married man, entitled to the benefits of the pre-emption laws.
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Appeal from Cooke. Tried below before the Hon. A. J. Carroll. This was an action of trespass to try title brought by the appellant for a tract of one hundred and sixty acres of land patented to him as the assignee of A. G-. Harris, granted by virtue of the pre-emption laws in right of the pre-emption claim and occupancy thereof by Harris; said Hams being a married man, entitled to the benefits of the pre-emption laws. The defendant claimed a portion of the land by a designated specific boundary line, amounting to about one hundred and thirty acres of land, embracing his improvements, in right…
1Opinion of the CourtWalker, P. J.
This cause was submitted to a jury, under a charge of the court, which in effect maintained, as a legal proposition, that the facts set up by the defendant’s answer constituted a valid defense to the plaintiff’s action. The evidence relating to the main facts of the defense was conflicting; the verdict of the jury was rendered for the defendant, and there was ample testimony to support it; indeed, the preponderance of the evidence may be fairly said to be in favor of the verdict. It was the peculiar province of the jury to weigh the evidence and to judge of the credibility of the statements…
2Cases cited15 opinions
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3Cited by2 opinions
- Jones v. HarrisCourt of Appeals of Texas · 1911
- Hawkins v. StilesCourt of Appeals of Texas · 1913