Legal Opinion

H. B. Sanborn & J. F. Glidden & Houston & Texas Central Railway Co. v. Gunter & Munson

Texas Supreme Court

Decided June 26, 1891No. 6429PublishedCited by 31 opinions

2. Findings of Fact — Practice in Supreme Court. — The rule is to sustain the findings of the court when there is in the record evidence tending to support them.

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2. Findings of Fact — Practice in Supreme Court. — The rule is to sustain the findings of the court when there is in the record evidence tending to support them. See facts sustaining the finding of the trial court, that the surveys under which appellants claim were not made upon the ground, but the field notes were attempted to he made by the surveyor outside of the land district “from a very imperfect and incorrect meander of the river (called for) made by said deputy while doing some other work.” * * Ho statement is necessary.

1Opinion of the Court

HENRY, Associate Justice.

— This suit was brought by the appellees against the appellants Sanborn & Glidden and the Houston & Texas Central Railway Company, to try title to thirty-nine surveys of land situated in Potter County and ten surveys situated in Oldham County, each survey containing 640 acres.

The defendants pleaded not guilty, and the defendants Glidden & Sanborn pleaded against the plaintiffs a claim for permanent and valuable improvements, and also prayed judgment against the railway company, which was their vendor, upon its covenant of warranty of title, if plaintiffs should…

2Cases cited3 opinions

  1. Robinson v. DossTexas Supreme Court · 1880
  2. Tex. & Pac. Ry. Co. v. ThompsonTexas Supreme Court · 1885
  3. Thomson v. Houston & Texas Central Railway Co.Texas Supreme Court · 1887

3Cited by31 opinions

  1. Meyer v. ComegysSupreme Court of Louisiana · 1920
  2. Phillips Petroleum Co. v. StateCourt of Appeals of Texas · 1933
  3. King v. SheppardCourt of Appeals of Texas · 1941
  4. L. H. Lauchheimer & Sons v. SaundersTexas Supreme Court · 1903
  5. Crosby v. StevensonCourt of Appeals of Texas · 1913

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