Legal Opinion

Mayers v. Paxton

Texas Supreme Court

Decided October 17, 1890No. 3083PublishedCited by 45 opinions

Appeal from Shelby. Tried below before Hon. James I. Perkins. Appellees W. G-. Paxton and wife brought this suit in the Distinct Court of Shelby County, Texas, against the appellant Abe Mayers, and subsequently brought suit against the defendants Rebecca and James Silas for the same land, and the two suits were by order of the court consolidated.

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Appeal from Shelby. Tried below before Hon. James I. Perkins. Appellees W. G-. Paxton and wife brought this suit in the Distinct Court of Shelby County, Texas, against the appellant Abe Mayers, and subsequently brought suit against the defendants Rebecca and James Silas for the same land, and the two suits were by order of the court consolidated. The original suit was filed on the 14th of July, 1885, and each suit was in the form of trespass to try title against the appellants, defendants below, to recover possession of 302 acres of land, the John B. Freeland survey, in Shelby County, Texas,…

1Opinion of the Court

GAINES, Associate Justice.

This case was before this court at afoz’mer term, and the opinion is reported in 67 Texas, 96. After the case was remanded the defendants filed a pleading which they denonzinated the second suppleznental answer, to which an exception was sustained.

The correctness of the court’s action in that particular is now before-us for consideration. The suit is an action of trespass to try title, and the original petition contained, in addition to- the ordinary allegations-, appropriate to that action when brought in the statutory form, avermentsalleging title in the…

2Cases cited4 opinions

  1. Schmeltz v. GareyTexas Supreme Court · 1878
  2. Willis v. MatthewsTexas Supreme Court · 1877
  3. Lockhart v. Ward, Dewey & Co.Texas Supreme Court · 1876
  4. Paxton v. MeyerTexas Supreme Court · 1886

3Cited by45 opinions

  1. Cline v. NibloTexas Supreme Court · 1928
  2. Sanderson v. SandersonTexas Supreme Court · 1937
  3. Gulf, Colorado & Santa Fe Railway Co. v. CusenberryTexas Supreme Court · 1894
  4. Erp v. TillmanTexas Supreme Court · 1910
  5. J. P. Wooten Motor Co. v. First Bank of SwensonTexas Commission of Appeals · 1926

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