Gulf, Colorado & Santa Fe Railway Co. v. Poindexter
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. J. M. Hall. Appellees as plaintiffs below brought this suit on the thirtieth day of October, A. D. 1883, against appellant (defendant below) to recover the possession of thirty-seven acres of land, a part of three surveys of six hundred and forty acres each, in the name of James H. Poindexter, who was the father of appellees.
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Appeal from Johnson. Tried below before the Hon. J. M. Hall. Appellees as plaintiffs below brought this suit on the thirtieth day of October, A. D. 1883, against appellant (defendant below) to recover the possession of thirty-seven acres of land, a part of three surveys of six hundred and forty acres each, in the name of James H. Poindexter, who was the father of appellees. Appellees also sued to recover four acres of land, part of the same surveys of land and occupied by appellant, and on a part of which they have a section house for their railroad. The value of the four acres was alleged to…
1Opinion of the Court
Collard, Judge.
Appellant complains of the ruling of the court in striking out its claim for improvements in good faith, ■ and in excluding from the jury the tax deeds offered by it to support the plea, and as evidence of title under the general issue. The court having stricken out the plea for compensation for improvements, based as it was on the tax deeds, their exclusion from the jury under the plea of not guilty was correct, unless they, together with the evidence of assessment and sale, constituted title to the land.
But should the court have sustained the special exceptions to the plea?…
2Cases cited4 opinions
- Reese v. MedlockTexas Supreme Court · 1863
- McAlpin v. CassidyTexas Supreme Court · 1856
- McCormick v. EdwardsTexas Supreme Court · 1887
- H. & T. C. R. R. Co. v. ChaffinTexas Supreme Court · 1883
3Cited by15 opinions
- Humble Oil & Refining Co. v. StateCourt of Appeals of Texas · 1942
- Eustis v. City of HenriettaTexas Supreme Court · 1897
- City of El Paso v. CoffinCourt of Appeals of Texas · 1905
- Shepard v. Galveston, Houston & Henderson Railway Co.Court of Appeals of Texas · 1893
- Galveston Wharf Co. v. Gulf, Colorado & Santa Fe Ry. Co.Texas Supreme Court · 1889
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