Floyd v. Rice
Texas Supreme Court
Appeal from Dallas. The case was tried before Hon. Nat. M. Burford, one of the district judges. The appellee, Anderson D. Rice, commenced this suit against Nathaniel C. Floyd, the appellant, on the 23d of June, 1859. The object of the plaintiff was to have the boundary line between himself and the defendant established by decree of the court, though the petition also complained that the defendant had dispossessed the plaintiff of ten acres of land, and prayed restitution…
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Appeal from Dallas. The case was tried before Hon. Nat. M. Burford, one of the district judges. The appellee, Anderson D. Rice, commenced this suit against Nathaniel C. Floyd, the appellant, on the 23d of June, 1859. The object of the plaintiff was to have the boundary line between himself and the defendant established by decree of the court, though the petition also complained that the defendant had dispossessed the plaintiff of ten acres of land, and prayed restitution thereof. The facts of the case and the errors assigned are indicated in the opinion.
1Opinion of the CourtCoke, J.
—Of the various errors assigned, it is deemed necessary to consider only the following:
1. That the court erred in overruling defendant’s exceptions to plaintiff’s petition and amendments.
2. That the court erred in refusing the 5th, 6th, and 7th instructions asked by the defendant in the court below.
3. That the court erred in admitting the testimony of Delilah Beard.
4. That the court erred in refusing a new trial on the _ ground that the verdict is contrary to law and evidence.
The 1st assignment is answered by the record, which shows no action of the court below on defendant’s exceptions.…
2Cases cited5 opinions
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- Bolton v. LannTexas Supreme Court · 1856
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