Frederick v. Hamilton
Texas Supreme Court
Appeal from Guadalupe. The Frederick case was tried below before the Hon. J. J. Thornton. The Schultze case was 'tried below before the Hon. Henry Maney. The pleadings in the two cases are identical, except that the proceedings in Horton v. Brown were not pleaded in the Frederick case. The statement is given .from the record in the Schultze case, it being more perfect.
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Appeal from Guadalupe. The Frederick case was tried below before the Hon. J. J. Thornton. The Schultze case was 'tried below before the Hon. Henry Maney. The pleadings in the two cases are identical, except that the proceedings in Horton v. Brown were not pleaded in the Frederick case. The statement is given .from the record in the Schultze case, it being more perfect. The suits were trespass to try title, filed on the twenty-second of March, 1853, by M. C. Hamilton, appellee, against Frederick in the first case, and against Schultze in the second, tenants in possession, to recover 1280 acres…
1Opinion of the CourtOgden, J.
These two cases are actions commenced in the District Court by the appellee against different parties for alleged trespasses on different portions of a certain league of land; to both of which suits A. C. Horton, as the vendor or landlord of each, made himself a party defendant, and set up a claim in himself to the entire league, and thereafter Horton is recognized as the defendant in both causes. The prosecution and defense are the same in both, and the pleadings and evidence are so nearly identical that the decision of one must settle the other. We have therefore deemed it proper to…
2Cases cited6 opinions
- Booth v. UpshurTexas Supreme Court · 1861
- Hollingsworth v. HolshousenTexas Supreme Court · 1856
- Horton v. PaceTexas Supreme Court · 1852
- Davis v. FarnesTexas Supreme Court · 1862
- Upshur v. PaceTexas Supreme Court · 1855
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3Cited by5 opinions
- de Perez v. de EverettTexas Supreme Court · 1889
- Jones v. LeeTexas Supreme Court · 1893
- Chaison v. StarkCourt of Appeals of Texas · 1930
- Stark v. ChaisonTexas Commission of Appeals · 1932
- Chaison v. StarkCourt of Appeals of Texas · 1930