Robinson v. Black
Texas Supreme Court
Appeal from Freestone. Tried below before the Hon. D. M. Prendergast. Suit in trespass to try title by James Robinson against Virginia E. Black, to recover a tract of land in Freestone county. The petition was filed March 1, 1876. . April 7, 1876, defendant answered by a general .demurrer and a plea of “ not guilty.” October 17, 1876, C. L. Watson appeared and made.himself a party defendant, alleging that Virginia Black was his tenant, and adopting her answer.
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Appeal from Freestone. Tried below before the Hon. D. M. Prendergast. Suit in trespass to try title by James Robinson against Virginia E. Black, to recover a tract of land in Freestone county. The petition was filed March 1, 1876. . April 7, 1876, defendant answered by a general .demurrer and a plea of “ not guilty.” October 17, 1876, C. L. Watson appeared and made.himself a party defendant, alleging that Virginia Black was his tenant, and adopting her answer. It was admitted on the trial that both parties claimed under one Harris Bishop as a common source of title, and that defendant was in…
1Opinion of the Court
Delany, J. Com. App.
There are three assignments of error in this case, -but they present only one question for our determination. Plaintiff in error contends that as his vendors, Hendrix and wife, were in possession of *218the land in dispute and holding a deed for the same when proceedings were instituted in the two cases of De Borde & Karner v. Bishop, and Self v. Bishop, and were not made parties to those proceedings, they were not affected by the judgments.rendered therein. This is certainly the rule when a mortgagee seeks to enforce his mortgage against the mortgagor, or a vendor holding a…
2Cases cited1 opinion
- Ufford v. WellsTexas Supreme Court · 1880
3Cited by8 opinions
- Hatton v. Bodan Lumber Co.Court of Appeals of Texas · 1909
- Smith v. Dozier Const. Co.Court of Appeals of Texas · 1933
- Lind v. Merchants' State Bank & Trust Co.Court of Appeals of Texas · 1929
- Citizens' Nat. Bank of Cameron v. United States Bond & Mortgage Co.Court of Appeals of Texas · 1932
- Rhine v. HodgeCourt of Appeals of Texas · 1892
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