Ballard v. Perry
Texas Supreme Court
Appeal from Gonzales. The case was tried before Hon. Fielding Jones, one of the district judges. This was an action of trespass to try title, and was originally instituted by E: W. Perry, in the District Court of Lavaca county. The property in controversy was a league and labor of land lying in the latter county. The petition was filed on the 15th of April, 1856, against C. Ballard and some ten other persons as defendants.
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Appeal from Gonzales. The case was tried before Hon. Fielding Jones, one of the district judges. This was an action of trespass to try title, and was originally instituted by E: W. Perry, in the District Court of Lavaca county. The property in controversy was a league and labor of land lying in the latter county. The petition was filed on the 15th of April, 1856, against C. Ballard and some ten other persons as defendants. The plaintiff’s title will be found sufficiently described in the case of Howard v. Perry, 7 Tex., 259, in which case the present plaintiff was the defendant. Howard and…
1Opinion of the CourtMoore, C. J.
—The bill of exceptions to which our attention is called by appellant’s first assignment of error presents quite a number of exceptions, which were taken to; *362various rulings made during the progress of the trial of this cause in the District Court. These questions, however, are neither difficult nor important, and a brief summary of our views on them, in the order in which they are presented, will suffice for their disposition:
1. The motion of appellant for a severance should have been granted. The causes of action presented in the petition are in the main distinct and several as to the…
2Cases cited4 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Codman v. WinslowMassachusetts Supreme Judicial Court · 1813
- Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
- Hall v. PowelSupreme Court of Pennsylvania · 1818
3Cited by26 opinions
- Boone v. HulseyTexas Supreme Court · 1888
- Witt v. HarlanTexas Supreme Court · 1886
- Summer v. MitchellSupreme Court of Florida · 1892
- Bookhout v. McGeorgeCourt of Appeals of Texas · 1933
- Snider v. MethvinTexas Supreme Court · 1883
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