Legal Opinion

Spence, Administrator v. Mitchell

Texas Supreme Court

Decided November 10, 1902No. 1140PublishedCited by 5 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Tom Green County. Spence appealed from a judgment for defendant in a suit of trespass to try title brought by him against Mrs. Mitchell. The judgment was affirmed and he then obtained a writ of error.

1Opinion of the CourtGaines, Chief Justice

This is an action of trespass to try title, and was brought by the plaintiff in error as administrator of the estate of J. M. Franklin, deceased, to recover of T. H. Dawson and Mrs. M. F. Mitchell a certain section of school land known as section 6, surveyed in the name of Beaty, Seale & Forwood. The defendant Dawson disclaimed. Mrs. Mitchell pleaded not guilty and upon the trial judgment was rendered in her favor.

Upon appeal the judgment was affirmed by the Court of Civil Appeals.

The case was tried without a jury and the trial judge filed his conclusions of fact and law. There is no…

2Cases cited1 opinion

  1. Hardman v. CrawfordTexas Supreme Court · 1902

3Cited by5 opinions

  1. Reininger v. PannellCourt of Appeals of Texas · 1907
  2. Payne v. CoxCourt of Appeals of Texas · 1911
  3. Tankersley v. RandalCourt of Appeals of Texas · 1962
  4. Taylor v. LewisCourt of Appeals of Texas · 1905
  5. Schauer v. SchauerTexas Supreme Court · 1920

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