Houghton v. Marshall
Texas Supreme Court
Error from Harrison. The ease was tried before Hon. Charles A. Frazer, one of the district judges. This is an ordinary action of trespass to try title, instituted on the 9th of February, 1857, by the plaintiff in error, for the recovery of three lots of ground situated in the town of Marshall. The defendant pleaded not guilty, and the three, five, and ten years’ statute of limitation.
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Error from Harrison. The ease was tried before Hon. Charles A. Frazer, one of the district judges. This is an ordinary action of trespass to try title, instituted on the 9th of February, 1857, by the plaintiff in error, for the recovery of three lots of ground situated in the town of Marshall. The defendant pleaded not guilty, and the three, five, and ten years’ statute of limitation. The jury found for the defendant; the plaintiff moved for a new trial, which being overruled by the court, he gave notice of appeal. The plaintiff' first'filed his suit on the 18th of March, 1855; that cause,…
1Opinion of the CourtMorrill, C. J.
—One Ogle and wife, on the 7th November, 1850, contracted to sell to one Everett the land in controversy for a certain consideration named, and Everett took possession of the property, and paid a portion of the purchase-money at the time of making the contract.
Everett, on the 25th January, 1851, sold and conveyed by deed the land to one Crawford, who, in December, 1854, conveyed by deed the land to defendant, Marshall.
On the 15th July, 1853, between two and three years after Ogle made the contract of sale with Everett, the same vendors, Ogle and wife, sold and conveyed by deed the same land…
2Cases cited1 opinion
- Hemmingway v. MathewsTexas Supreme Court · 1853
3Cited by2 opinions
- Langley v. NorrisCourt of Appeals of Texas · 1942
- Ellerd v. DollarCourt of Appeals of Texas · 1924