Legal Opinion

Wilson v. Smith

Texas Supreme Court

Decided July 1, 1878PublishedCited by 45 opinions

Appeal from Red River. Tried below before the Hon. Joseph Bledsoe. Coleman • Smith and others, heirs of James Bankston, brought an action of trespass to try title against' Sarah J. Wilson and others for a tract of land described, substantially, as the unsold balance of a tract of twelve hundred acres, and reserving also a homestead of two hundred acres.

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Appeal from Red River. Tried below before the Hon. Joseph Bledsoe. Coleman • Smith and others, heirs of James Bankston, brought an action of trespass to try title against' Sarah J. Wilson and others for a tract of land described, substantially, as the unsold balance of a tract of twelve hundred acres, and reserving also a homestead of two hundred acres. The defendants pleaded not guilty, and on the trial defendants showed in evidence two judgments against James Bankston, executions thereon, and levy and sale. The description of the land given in the levy and in the sheriff’s deed was vague.…

1Opinion of the Court

Gould, Associate Justice.

Appellees, the heirs of Janies Bankston, brought this action of trespass to try title, and in their original petition they describe the land sued for by giving the field-notes of a survey “containing twelve hundred acres,” and then proceeding thus: “Beserving all land sold from this survey by James Bankston previous to the 21st of September, 1866, and also reserving from said survey two *368hundred acres as a homestead, leaving a remainder of one hundred and sixty acres, more or less.” The defendants claimed as purchasers at a sheriff’s sale in September, 1869, under a…

2Cases cited3 opinions

  1. Kingston v. PickinsTexas Supreme Court · 1876
  2. Ragsdale v. RobinsonTexas Supreme Court · 1877
  3. Miller v. AlexanderTexas Supreme Court · 1855

3Cited by45 opinions

  1. Hermann v. LikensTexas Supreme Court · 1897
  2. Smith v. CrosbyTexas Supreme Court · 1893
  3. Pierson v. Sanger Bros.Texas Supreme Court · 1899
  4. Giddings v. DayTexas Supreme Court · 1892
  5. Brown v. ChambersTexas Supreme Court · 1885

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