Baker v. Clepper
Texas Supreme Court
Appeal from Montgomery. Tried below before- the Hon. Peter W. Gray. This was a suit brought by appellant, Y. Baker, against appellee, Lem. G. Clepper, in the ordinary form of trespass to try title' and for damages, to recover six hundred and forty acres of land. Jonathan T. Pounds owned the six hundred and .forty acres in controversy; also, one hundred and sixty aeres adjoining, which he claimed as a pre-emption.
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Appeal from Montgomery. Tried below before- the Hon. Peter W. Gray. This was a suit brought by appellant, Y. Baker, against appellee, Lem. G. Clepper, in the ordinary form of trespass to try title' and for damages, to recover six hundred and forty acres of land. Jonathan T. Pounds owned the six hundred and .forty acres in controversy; also, one hundred and sixty aeres adjoining, which he claimed as a pre-emption. He owned, also, a small steam-mill, situated upon the pre-emption. In 1855, he entered into partnership with Y. Baker to build and run a large steam-mill. On the-29th day of…
1Opinion of the CourtMoose, J.
The manner in which appellants presented their exceptions to appellee’s answer, if it was objectionable, fully justified the court below in overruling them. The exceptions were not .presented in the due order of pleading. They were intermingled' in the replication with averments and allegations of facts, so that it would have been very difficult, if not impossible, for the court to have acted upon the one without reference to the other. The replication, indeed, seems rather to import that, in view of the fiicts it alleges, appellee had no sufficient defence than as questioning its sufficiency…
2Cases cited8 opinions
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Weight v. HendersonTexas Supreme Court · 1854
- Allen v. StephanusTexas Supreme Court · 1857
- Livingston v. ByrneCourt for the Trial of Impeachments and Correction of Errors · 1814
- Carson's SaleSupreme Court of Pennsylvania · 1837
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3Cited by27 opinions
- De La Vega v. LeagueTexas Supreme Court · 1885
- Cannon v. McDanielTexas Supreme Court · 1876
- Baker v. ComptonTexas Supreme Court · 1879
- McKelvain v. AllenTexas Supreme Court · 1883
- Gregg v. First. Nat. Bank In BrownsvilleTexas Commission of Appeals · 1930
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