Johns v. Wear
Court of Appeals of Texas
Appeal from District Court, Bowie County; H. E. O’Neal, Judge. - Action by Mrs. Nannie E. Wear against W. J. Johns. From judgment for plaintiff, defendant appeals. The action is by appellee in trespass to try title to 215 acres of land' of the P. S. Wyatt survey. The defendant, the appellant here, answered by general denial and the plea of not guilty.
Read the full summary
Appeal from District Court, Bowie County; H. E. O’Neal, Judge. - Action by Mrs. Nannie E. Wear against W. J. Johns. From judgment for plaintiff, defendant appeals. The action is by appellee in trespass to try title to 215 acres of land' of the P. S. Wyatt survey. The defendant, the appellant here, answered by general denial and the plea of not guilty. The case was submitted to the jury on special issues, and on their findings of fact judgment was entered in favor of the plaintiff. It was agreed in the trial that J. H. Smel-ser was the common source of title under whom both the plaintiff and…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1-3] The plaintiff in the suit, having shown a complete chain of title from the common source to herself, is entitled to recover the land unless the defendant was, as he claims, an innocent purchaser for value. Each party claims under J. H. Smelser as the common source of title. On September 4, 1886, J. H. Smelser, it appears, executed a deed to G. B. Ellis to the land in suit, and this deed was recorded September 30, 1886. This is plaintiff’s line of title. But it appears that on September 24, 1886, before the registration of the deed to G. B. Ellis, a…
2Cases cited2 opinions
- Grace v. Wade & MainsTexas Supreme Court · 1876
- Turner v. CochranTexas Supreme Court · 1901
3Cited by3 opinions
- Waitz v. Uvalde Rock Asphalt Co.Court of Appeals of Texas · 1933
- Rio Bravo Oil Co. v. Staley Oil Co.Court of Appeals of Texas · 1940
- Debes v. Texas Nat. Bank of BeaumontCourt of Appeals of Texas · 1936