Rutherford v. McGee
Court of Appeals of Texas
Appeal from District Court, Young County; H. F. Weldon, Judge. Trespass to try title by W- C. McGee against R. D. Rutherford, as guardian, and another, and a suit by R. D. Rutherford, as guardian, against W. O. McGee to foreclose vendor’s lien notes and to recover an interest in the land, which were consolidated for trial.
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Appeal from District Court, Young County; H. F. Weldon, Judge. Trespass to try title by W- C. McGee against R. D. Rutherford, as guardian, and another, and a suit by R. D. Rutherford, as guardian, against W. O. McGee to foreclose vendor’s lien notes and to recover an interest in the land, which were consolidated for trial. From a judgment awarding the land to McGee, subject to the payment of the vendor’s lien .notes without interest from the date of tender and without attorney’s fee, Rutherford appeals.
1Opinion of the Court
CONNER, O. J.
W. C. McGee instituted suit on February 11, 1921, against R. D. Rutherford as guardian, and against Lee Rutherford, his ward, a minor, in trespass’ to try title to recover a tract of land in Young county. He also presented a second count wherein he alleged a prior purchase of the land from R. D. Rutherford as guardian, upon specified terms, and upon which there yet remained of the purchase money certain specified vendor’s lien notes for specified amounts, of which plaintiff pleaded tenders; further alleging that said guardian was claiming an interest in said lands, but which he…
2Cases cited13 opinions
- Baldwin v. RootTexas Supreme Court · 1897
- Heirs of Shelby Corzine v. WilliamsTexas Supreme Court · 1893
- Bailey v. . County of BuchananNew York Court of Appeals · 1889
- Millican v. McNeillTexas Supreme Court · 1908
- Loughborough v. McNevinCalifornia Supreme Court · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Simpson-Fell Oil Co. v. Stanolind Oil & Gas Co.Texas Supreme Court · 1939
- Shell Petroleum Corporation v. ShoreCourt of Appeals for the Tenth Circuit · 1934
- Surtees v. HobsonCourt of Appeals of Texas · 1928
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