Franco-Texan Land Company v. McCormick
Texas Supreme Court
Writ of Error to Court of Civil Appeals, Third District, in case on error from Taylor. Tried below before Hon. T. H. Conner. This was an action in trespass to try title by Thomas McCormick for section 3, block 18, Texas & Pacific Kailway surveys, against the Franco-Texan Land Company, a corporation. Joined as defendants were W. G. Martin and George Clayton, who were alleged to be bound to plaintiff upon a bond guaranteeing the title.
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Writ of Error to Court of Civil Appeals, Third District, in case on error from Taylor. Tried below before Hon. T. H. Conner. This was an action in trespass to try title by Thomas McCormick for section 3, block 18, Texas & Pacific Kailway surveys, against the Franco-Texan Land Company, a corporation. Joined as defendants were W. G. Martin and George Clayton, who were alleged to be bound to plaintiff upon a bond guaranteeing the title. The defendant corporation pleaded not guilty, and by cross-bill asked equitable relief, that the title under which the plaintiff claimed be annulled. October 18,…
1Opinion of the Court
STAYTON, Chief Justice.
The leading facts involved in this case, on which the rights of the parties largely depend, are the facts stated in the case of Fitzhugh v. Franco-Texan Land Company, 81 Texas, 306.
Before that action was brought Thomas McCormick had bought one of the sections of land in controversy in that cause, but as he was not made a party, the judgment therein rendered is not binding upon him.
He brought this action against the Franco-Texan Land Company, in form trespass to try title, alleging title to one of the sections the president of the company attempted to convey to Martin.…
2Cases cited1 opinion
- Fitzhugh v. Franco-Texas Land Co.Texas Supreme Court · 1891
3Cited by26 opinions
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