Viser v. Rice
Texas Supreme Court
Appeal from Harris. Tried below before tbe Hon. O. B. Sabin.- Tbe opinion of tbe court gives a clear statement of the material facts of this case. In tbe court below tbe plaintiff, Rice, obtained a general verdict in his favor, whereon the court swarded him judgment with writ of possession for tbe lots. Failing to get a new trial the defendant appealed.
1Opinion of the CourtWalker, J.
This is an action of trespass to try title, commenced by the appellee in the District Court of Harris county, at the Fall term for the year 1860.
The plaintiff appears, from his pleadings, to count upon a legal title, but as the cause progresses it becomes rather a conflict of equities, between plaintiff and defendant.
■In those States where law and equity are blended, and the remedy in each class of cases is sought in the same tribunals, it has been held that an equitable title may support the action of ejectment. (Miller v. Alexander, 8 Tex., 43.)
We will have necessarily to look to the facts…
2Cases cited1 opinion
- McCown v. WheelerTexas Supreme Court · 1857
3Cited by6 opinions
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- Texas Creosoting Co. v. Hartburg Lumber Co.Texas Commission of Appeals · 1929
- Adamson v. HartmanSupreme Court of Arkansas · 1882
- Texas Pipe Line Co. v. MillerCourt of Appeals of Texas · 1935
- City of Elizabeth v. ForceSupreme Court of New Jersey · 1878
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