Johnston's Administrator v. Shaw
Texas Supreme Court
Appeal from Harrison. Tried below before Hon. J. B. Williamson. This was an action of trespass to try title, instituted as long ago as 1845 by A. Sydney Johnston against D. Shaw. In 1847, Barbara C. and James F. Timmins, as executors of the' last will and testament of Thomas Timmins, deceased, under whom Shaw held possession as a tenant, made themselves parties defendant.
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Appeal from Harrison. Tried below before Hon. J. B. Williamson. This was an action of trespass to try title, instituted as long ago as 1845 by A. Sydney Johnston against D. Shaw. In 1847, Barbara C. and James F. Timmins, as executors of the' last will and testament of Thomas Timmins, deceased, under whom Shaw held possession as a tenant, made themselves parties defendant. The respective rights of the parties, as they stood at and for several years after the institution of the suit, are not involved in the present opinion. It appears hy the statement of facts that in 1849 there were four suits…
1Opinion of the CourtWalker, J.
This is an action of trespass to try title. The pai’ties deraign from a common source.
* The only question for decision by this court is as to the validity of the deed of Perry, sheriff of Harrison county, to the grantor of the defendants.
On the trial the court submitted to the jury, among other special issues, the following: Seventh—Did more than one year elapse from the issuance of any one execution to the issuance of another on said judgments, previous to the one on which the sale was made ?
The verdict, in response to this issue, is as follows : Seventh— We find that more than one year did…
2Cases cited2 opinions
- Allen v. StephanusTexas Supreme Court · 1857
- Sydnor v. RobertsTexas Supreme Court · 1855
3Cited by3 opinions
- Johnson v. TimmonsTexas Supreme Court · 1878
- Boggess v. HowardTexas Supreme Court · 1874
- Johnson's Administrator v. ShawTexas Supreme Court · 1874