Smith v. Hughes
Texas Supreme Court
Appeal from Refugio. Tried below before the Hon. Edmond J. Davis. This was an action of trespass to try title, brought by Joseph F. Smith, the appellant, against James Hughes, the appellee.
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Appeal from Refugio. Tried below before the Hon. Edmond J. Davis. This was an action of trespass to try title, brought by Joseph F. Smith, the appellant, against James Hughes, the appellee. The plaintiff claimed title by virtue of locations of land scrip, made upon the land in controversy, in the occupation of the defendant, and so far as the titles of the respective parties need be stated, it will suffice, to say, that the facts of the case of Maxey v. O’Connor, supra, p. 234, apply to this. After the plaintiff had given evidence of his .title, the defendant, 'who claimed under the title of…
1Opinion of the CourtWheeler, C. J.
The principal questions, in this case, are disposed of by the case of Maxey v. O’Connor, supra, p. 234. The rulings of the court, upon evidence offered in support of the statute of limitations, are immaterial, as the defendant’s title did not need the aid of the statute ; nor is the judgment of the court at all affected by the evidence upon that subject.
Though the witness, Hughes, may not have been a competent witness for the defendant, it does not appear by the statement of facts, that his testimony was material; or, indeed, what his testimony was. It related to the map from the general land…
2Cited by17 opinions
- Lindsay v. JaffrayTexas Supreme Court · 1881
- Houston v. BlytheTexas Supreme Court · 1883
- Ferguson v. FergusonTexas Commission of Appeals · 1930
- Ferguson v. FergusonCourt of Appeals of Texas · 1928
- Dignan v. ShieldsTexas Supreme Court · 1879
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