Legal Opinion

Acres v. Moyne

Texas Supreme Court

Decided June 12, 1883No. Case No. 4878PublishedCited by 7 opinions

Appeal from Olay. Tried below before the Hon. B. F. Williams. Suit against appellees in the nature of a suit in trespass to try title to six hundred and forty, acres of land, and for damages. Plaintiff and appellant also sued out a writ of sequestration for the premises, by virtue of which appellees were ejected from the premises. Appellees answered by general denial, plea of not guilty, suggested improvements by Wm.

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Appeal from Olay. Tried below before the Hon. B. F. Williams. Suit against appellees in the nature of a suit in trespass to try title to six hundred and forty, acres of land, and for damages. Plaintiff and appellant also sued out a writ of sequestration for the premises, by virtue of which appellees were ejected from the premises. Appellees answered by general denial, plea of not guilty, suggested improvements by Wm. Moyne, deceased, during his life-time, made in good faith, and pleaded in reconvention for damages caused by their being ejected under appellant’s writ of sequestration, and for…

1Opinion of the Court

West, Associate Justice.—

In Stephenson v. Texas & Pacific E. W. Go., 42 Tex., 163, it was held that the defendant in error in that case, which was by purchase and otherwise the successor of the Southern Pacific E. E. Go., whose existence was merged in that of the Texas & Pacific E. E. Co., was a proper sole party defendant in a' *625proceeding by writ of error to bring in review before this court the ■correctness of a judgment rendered in favor of the Southern Pacific R. R. Co.,, whose purchaser and successor it had become. This court in that case, with a view to determine its own jurisdiction…

2Cases cited7 opinions

  1. Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
  2. Paine v. Lake Erie & Louisville RailroadIndiana Supreme Court · 1869
  3. Bruffett v. Great Western Railroad Co. of 1859Illinois Supreme Court · 1861
  4. Racine & Mississippi Railroad v. Farmers' Loan & Trust Co.Illinois Supreme Court · 1868
  5. Robertson v. City of RockfordIllinois Supreme Court · 1859

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. International & Great Northern Railway Co v. Anderson CountyTexas Supreme Court · 1913
  2. Bennett v. LathamCourt of Appeals of Texas · 1898
  3. Proctor v. San Antonio Street Railway Co.Court of Appeals of Texas · 1901
  4. Texas Southern Railway Co. v. HarleTexas Supreme Court · 1907
  5. Thayer v. WathenCourt of Appeals of Texas · 1897

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