Cochran v. Gibson
Court of Appeals of Texas
Appeal from District Court, Harrison County; H. T. Eyttleton, Judge. Action of trespass to try title by Gip Gibson and others against Jim Cochran. Judgment for plaintiffs Gibson, and defendant appeals. This was a suit of trespass to try title, brought by appellees, Gip Gibson and his wife, against appellant. The land sued for was 60 acres of the John Ferguson survey in Harrison county.
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Appeal from District Court, Harrison County; H. T. Eyttleton, Judge. Action of trespass to try title by Gip Gibson and others against Jim Cochran. Judgment for plaintiffs Gibson, and defendant appeals. This was a suit of trespass to try title, brought by appellees, Gip Gibson and his wife, against appellant. The land sued for was 60 acres of the John Ferguson survey in Harrison county. Appellant’s answer consisted of a plea of not guilty and a plea in which, after disclaiming any claim of title in himself to the fee, he asserted a right to occupy and use 30 acres of the land so long as he…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
The correctness of the judgment is attacked on two grounds alone:
[1] 1. That it is contrary to and not supported by the evidence, in that the evidence showed, it is asserted:
“That value of the improvements made by the defendant on said land in controversy to be in and of the sum of $1,000, and not $50 as found by the jury, and the uncontroverted facts show a value of the improvements to be in the sum of $700.”
The contention cannot be sustained. The finding, not complained of, that appellees were entitled to the possession of the land, was a finding against…
2Cases cited4 opinions
- Wood v. CahillCourt of Appeals of Texas · 1899
- Van Zandt v. BrantleyCourt of Appeals of Texas · 1897
- Hammond v. MartinCourt of Appeals of Texas · 1897
- Lyons v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1904