Legal Opinion

Gruner v. Westin

Texas Supreme Court

Decided May 11, 1886No. Case No. 5446PublishedCited by 13 opinions

Appeal from Travis. Tried below before the Hon. A. S. Walker. This was an action of trespass to try title, brought by appellant claiming the south half of lot six, block one hundred and ten, in the city of Austin. The answer' of defendant contained general exception, general denial, “not guilty,” and a special plea alleging title in the defendant. To this answer, plaintiff replied by supplemental petition. The claims of both parties were derived from Moses Goldstein.

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Appeal from Travis. Tried below before the Hon. A. S. Walker. This was an action of trespass to try title, brought by appellant claiming the south half of lot six, block one hundred and ten, in the city of Austin. The answer' of defendant contained general exception, general denial, “not guilty,” and a special plea alleging title in the defendant. To this answer, plaintiff replied by supplemental petition. The claims of both parties were derived from Moses Goldstein. On May 19, 1879, a judgment rendered in favor of Kauffman & Bunge against Goldstien was recorded in Travis county. That…

1Opinion of the Court

Stayton, Associate Justice.

The court below held that the judgment in favor of Kauffman So Runge, rendered by the district court *213for McLennan county, on May 13, 1879, gave lien on the property from the date of its record in Travis county, but held that the lien was lost because execution did not issue within twelve months after the judgment was rendered. The judgment was recorded in Travis county on May 19, 1879, and an appeal from it was perfected on July 19,1879. The bond given to perfect the appeal was such as was required by art. 1493, P. D. The cause remained in the supreme court until…

2Cases cited7 opinions

  1. Wood v. GoodfellowCalifornia Supreme Court · 1872
  2. Hawley v. BullockTexas Supreme Court · 1867
  3. Janes v. LanghamTexas Supreme Court · 1867
  4. Moore v. MuseTexas Supreme Court · 1877
  5. Ledbetter v. BurnsTexas Supreme Court · 1874

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Allen v. WoodwardTexas Supreme Court · 1922
  2. Allen v. WoodwardTexas Supreme Court · 1922
  3. McDonald v. AyresTexas Commission of Appeals · 1922
  4. Semple v. EubanksCourt of Appeals of Texas · 1896
  5. Mensing v. Fidelity Lumber Co.Court of Appeals of Texas · 1917

8 more not listed; retrieve them via the Exa API.

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