Sydnor v. Roberts
Texas Supreme Court
Appeal from Galveston. The appellees Roberts and Phillips instituted two actions of trespass to try title in the District Court of Galveston county, on the 25th October, 1849 * one against Robert Moffatt to recover lot No. 9 in block 680, the other against Benjamin S. Parsons to recover lots Ro. 4, 5 and 6 in the same block in the city of Galveston.
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Appeal from Galveston. The appellees Roberts and Phillips instituted two actions of trespass to try title in the District Court of Galveston county, on the 25th October, 1849 * one against Robert Moffatt to recover lot No. 9 in block 680, the other against Benjamin S. Parsons to recover lots Ro. 4, 5 and 6 in the same block in the city of Galveston. The original defendants were the tenants in possession, and at the--Term 1848, the appellants Sydnor, Cobb and Powers, entered themselves defendants in the room of the tenants, answered, and the two suits were consolidated. At the Fall Term 1849…
1Opinion of the CourtWheeler, J.
The principal question in this case, and the only one which it is material to consider, as that will dispose of the case on the merits, is, whether the defendants have acquired a good title under the Sheriff’s deed.
Several objections are urged to the validity of the title; and first, it is objected that the execution was issued illegally to the county of Galveston upon the judgments rendered in Nacogdoches county, because there had been no return of nulla bona upon the prior executions ; by which alone it is insisted, it could have been legally ascertained that the defendant in execution had…
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