Willis v. Smith
Texas Supreme Court
Appeal from Brazoria. Tried below before Hon. W. H. Burkhart. November 6, 1883, Smith, the appellee, brought suit against Willis, the appellant, for the David Talley league of land in Brazoria County.. .Several amendents were filed, and the pleadings upon the trial, June 1886, were as follows; 1. Petition with ordinary allegations in trespass to try title. 2. In the alternative if plaintiff is not entitled to the land and rents, the petition alleges that the plaintiff then…
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Appeal from Brazoria. Tried below before Hon. W. H. Burkhart. November 6, 1883, Smith, the appellee, brought suit against Willis, the appellant, for the David Talley league of land in Brazoria County.. .Several amendents were filed, and the pleadings upon the trial, June 1886, were as follows; 1. Petition with ordinary allegations in trespass to try title. 2. In the alternative if plaintiff is not entitled to the land and rents, the petition alleges that the plaintiff then pleads to the equity side of the court, and alleges in substance that the execution sales under which ■defendant claims…
1Opinion of the Court
Acker, Presiding Judge.
B. H. Epperson and A. U. Wright owned the Talley league on which the Barrington plantation is situated, having-purchased it from the six heirs of Blackwell. For the purchase money they executed and delivered their six promissory notes each secured by lien retained against an undivided one-sixth of the land. In February, 1878, Epperson executed a mortgage to Sallie Dixon containing the following clauses: “Do hereby bargain, sell, and convey unto the said Sallie Dixon, her heirs and assigns forever, one league of land surveyed in the name of David Talley, situated in…
2Cases cited3 opinions
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