Legal Opinion

McDonough v. Jefferson County

Texas Supreme Court

Decided February 10, 1891No. 3013PublishedCited by 34 opinions

Appeal from Jefferson. Tried below before Hon. W. H. Ford. This is an action of trespass to try title to 111 acres of land, out of the Absalom Williams survey, in Jefferson County, Texas, brought by the appellants against the appellees on the 4th day of April, 1890. Appellants site as the only surviving heirs of their deceased parent, Adalissa McDonough.

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Appeal from Jefferson. Tried below before Hon. W. H. Ford. This is an action of trespass to try title to 111 acres of land, out of the Absalom Williams survey, in Jefferson County, Texas, brought by the appellants against the appellees on the 4th day of April, 1890. Appellants site as the only surviving heirs of their deceased parent, Adalissa McDonough. The appellees all answered separately, (1) by a disclaimer as to part of the land, (2) general demurrer (which was waived), (3) general denial, and (4) the statutes of limitation of three, five, and ten years. Jefferson County, on 16th of…

1Opinion of the Court

HENRY, Associate Justice.

This was an action of trespass to try-title.

The plaintiffs are the heirs of Adalissa McDonough, who was the wife of B. F. McDonough, and died in 1886 while under coverture. The land was sold under execution in the year 1868 as the property of Cave Johnson, and the sheriff’s deed was made to J. W. McDonough, who conveyed it in 1881 to Adalissa McDonough. B. F. McDonough claimed to have been the real purchaser at the sheriff’s sale, and that he paid the purchase money.

In 1870 B. F. McDonough conveyed the land to William Allison by a deed that only described the land by…

2Cited by34 opinions

  1. Benskin v. BarksdaleTexas Commission of Appeals · 1923
  2. Sullivan v. FantCourt of Appeals of Texas · 1913
  3. Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
  4. Boykin v. StateSupreme Court of Florida · 1898
  5. Merriman v. BlalackCourt of Appeals of Texas · 1909

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