Johnson v. Schumacher
Texas Supreme Court
Appeal from San Saba. Tried below before Hon. A. W. Moursund. Mrs. Marie Schumacher and husband sued in trespass to try title J. O. Johnson, D. W. Parrisher, and W. O. Hartley, for survey No. 111, in district 10, San Saba County, and in another action sued the same parties and also A. McGill, J. W. Williams, Dick Callan, and Katy Williams for section No. 110 in the same district. Mrs. Schumacher claimed the land as her separate property. The suits were consolidated.
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Appeal from San Saba. Tried below before Hon. A. W. Moursund. Mrs. Marie Schumacher and husband sued in trespass to try title J. O. Johnson, D. W. Parrisher, and W. O. Hartley, for survey No. 111, in district 10, San Saba County, and in another action sued the same parties and also A. McGill, J. W. Williams, Dick Callan, and Katy Williams for section No. 110 in the same district. Mrs. Schumacher claimed the land as her separate property. The suits were consolidated. Defendants answered by plea of not guilty, limitation of three, five, and ten years, improvements in good faith (except Hartley,…
1Opinion of the Court
Collard, Judge.
The first, second, and fifth assignments of error are too general to require consideration. The third assignment of error is as follows: “The jury in finding value of improvements made by defendants * * * disregarded the facts proven in this, in giving to each defendant the same amount, $150, when the evidence showed the value of Johnson’s improvements to be $738, of Johnson and Parrisher $375, of McGill $325, and of Williams $250.”
Defendants claimed under a tax deed and ten years possession under one Barber, who bought the land at tax sale in 1879, and who had had continued…
2Cases cited5 opinions
- Dorn v. DunhamTexas Supreme Court · 1859
- French v. GrenetTexas Supreme Court · 1881
- Allen v. ReadTexas Supreme Court · 1886
- Stovall v. CarmichaelTexas Supreme Court · 1880
- Ney v. MummeTexas Supreme Court · 1886
3Cited by16 opinions
- Huling v. MooreCourt of Appeals of Texas · 1917
- Condra v. Grogan Manufacturing Co.Texas Supreme Court · 1950
- Kaack v. StantonCourt of Appeals of Texas · 1908
- Lindt v. UihleinSupreme Court of Iowa · 1902
- Hays v. HinkleCourt of Appeals of Texas · 1917
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