Gilmore v. O'Neil
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Harris County. Gilmore and others brought the suit against O’Neil. The Texas Oil Company and the heirs of Jones intervened. O’Neil had judgment in the trial court, which was reversed on appeal. Writ of error was granted on separate applications by plaintiffs below and by O’Neil.
1Opinion of the CourtJustice Phillips
This suit, brought as an action in trespass to try title by G. E. Gilmore, W. H. Nicholson, D. R. Beatty and J. R. Cheek, against John O’Neil and the Texas Company, is a controversy over about one-third of an acre of ground, and $29,563.85, the proceeds of the oil from an oil well sunk upon the tract by the defendant O’Neil; this amount being in the hands of the Texas Company, whose position in the case is merely that of a stakeholder. The land was originally owned by James Jones, under whom all parties claim as the common source of title, as a part of a fifty-acre tract, the community…
2Cases cited5 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Rutherford v. CarrTexas Supreme Court · 1905
- Vardeman v. LawsonTexas Supreme Court · 1856
- Caruth v. GrigsbyTexas Supreme Court · 1882
- Newsom v. DavisTexas Supreme Court · 1857
3Cited by50 opinions
- Sullivan v. BarnettTexas Supreme Court · 1971
- Deaton v. RushTexas Supreme Court · 1923
- Carl v. SettegastTexas Commission of Appeals · 1922
- Strong v. StrongTexas Supreme Court · 1936
- Masterson v. Amarillo Oil Co.Court of Appeals of Texas · 1923
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