Legal Opinion

Kirby v. Conn

Court of Appeals of Texas

Decided March 15, 1913PublishedCited by 6 opinions

Appeal from District Court, Jasper County; W. B. Powell, Judge. Trespass to try title by R. C. Conn against John H. Kirby, the Kirby Lumber Company, and J. R. Chapman, in which defendants Kirby and the Kirby Lumber Company im-pleaded A. V. Wright. Judgment for plaintiff against all defendants as to title and for damages, and judgment for defendants, Kirby, and Kirby Lumber Company against Wright, and. John H. Kirby, Kirby Lumber Company, and J. R. Chapman appeal.

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Appeal from District Court, Jasper County; W. B. Powell, Judge. Trespass to try title by R. C. Conn against John H. Kirby, the Kirby Lumber Company, and J. R. Chapman, in which defendants Kirby and the Kirby Lumber Company im-pleaded A. V. Wright. Judgment for plaintiff against all defendants as to title and for damages, and judgment for defendants, Kirby, and Kirby Lumber Company against Wright, and. John H. Kirby, Kirby Lumber Company, and J. R. Chapman appeal. Affirmed as to title and as to defendant Wright.

1Opinion of the CourtPleasants, C. J.

This is, an action of trespass to try title to a tract of 160 acres of land in Jasper county, and.to recover as damages the value of the timber taken from the land by the defendants. The suit was brought by the appellee R. C. Conn originally against John H. Kirby and the Kirby Lumber Company, but by an amended petition filed on April 27, 1911, J. R. Chapman was also made a party defendant. The defendants Kirby and Kirby Lumber Company disclaimed as to all of the land except a portion thereof described in their answer by metes and bounds, as to which they pleaded not guilty. They also…

2Cases cited5 opinions

  1. Erp v. TillmanTexas Supreme Court · 1910
  2. Wyerts v. TerrellTexas Supreme Court · 1907
  3. Murphy v. TerrellTexas Supreme Court · 1907
  4. Hooks v. KirbyCourt of Appeals of Texas · 1909
  5. Jones v. TerrellTexas Supreme Court · 1907

3Cited by6 opinions

  1. Caples v. ColeTexas Supreme Court · 1937
  2. Caples v. ColeTexas Supreme Court · 1937
  3. State v. SneedCourt of Appeals of Texas · 1944
  4. Mitchell v. ThomasCourt of Appeals of Texas · 1914
  5. Gattison v. MeyerCourt of Appeals of Texas · 1927

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