Fitch v. Boyer
Texas Supreme Court
Appeal from Clay. Tried below before the Hon. J. A.. Carroll. Action of trespass to try title brought in the District Court of Clay county August 4, 1874, by M. Boyer against appellant Fitch, to recover the northwest half of a survey of one league and labor of land, in said county, patented to Benjamin Hubert, assignee of Peter C. Harness. On the 22d of May, 1877, appellant Henderson intervened in the suit.
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Appeal from Clay. Tried below before the Hon. J. A.. Carroll. Action of trespass to try title brought in the District Court of Clay county August 4, 1874, by M. Boyer against appellant Fitch, to recover the northwest half of a survey of one league and labor of land, in said county, patented to Benjamin Hubert, assignee of Peter C. Harness. On the 22d of May, 1877, appellant Henderson intervened in the suit. After various amendments by the appellants, the pleadings - of appellant Fitch were as follows: 1. General and special exceptions to appellee’s petition.. 2. Hot guilty. 3. Statute of…
1Opinion of the Court
Bohxer, Associate Justice.
The record in this case is voluminous, and there are fourteen alleged errors assigned. The first of these is, that the court erred in admitting in evidence the transcript in cause number 178, Cooke county records.
The proposition of appellants under this assignment is, that the judgment offered in evidence was a judgment by default, and should not have been admitted, because it failed to show that the court rendering it had jurisdiction of the parties defendant.
The eleventh error assigned is, that the court erred in refusing to admit the evidence of Anna M. Hubert and…
2Cases cited17 opinions
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3Cited by74 opinions
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