Legal Opinion

Tapp v. Corey

Texas Supreme Court

Decided July 1, 1885No. Case No. 1844PublishedCited by 11 opinions

Appeal from Boxvie. Tried below before the Hon. B. T. Estes. This was a suit of trespass to try title to lot Ho. 4 in block Ho. 42, in Texarkana, Bowie county, Texas. Defendant answered not guilty, and neither party demanding a jury, the case was tried by the judge and judgment rendered for defendant.

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Appeal from Boxvie. Tried below before the Hon. B. T. Estes. This was a suit of trespass to try title to lot Ho. 4 in block Ho. 42, in Texarkana, Bowie county, Texas. Defendant answered not guilty, and neither party demanding a jury, the case was tried by the judge and judgment rendered for defendant. It was agreed that both parties claimed through a common source —the Texas & Pacific B’y Co. The plaintiffs introduced a deed from the railroad company to Thomas Harrison, in consideration of $1 paid by Elder Thomas Harrison, of the African Baptist Church South, and his successors in office.…

1Opinion of the Court

Willie, Chief Justice.

The appellants traced their right to the land in controversy to the common source through which both they and the appellee claimed title, viz., the Texas & Pacific R’y Co. The appellee traced his title no further back than to certain parties who, styling themselves “ Trustees of Mount Zion Baptist Church (colored), of Bowie county,” made a deed to his vendor. What connection these grantors had with the common source of title, admitting that they claimed under it, does not appear. The agreement found in the statement of facts is that both parties claim under a common…

2Cases cited3 opinions

  1. Fitch v. BoyerTexas Supreme Court · 1879
  2. Shields v. HuntTexas Supreme Court · 1876
  3. Johnson v. TimmonsTexas Supreme Court · 1878

3Cited by11 opinions

  1. Ogden & Johnson v. BosseTexas Supreme Court · 1894
  2. Jones v. Mid-State Homes, Inc.Texas Supreme Court · 1962
  3. Simmons Hardware Co. v. DavisTexas Supreme Court · 1894
  4. Pure Oil Co. v. TunnellTexas Supreme Court · 1935
  5. Wallace v. Berry, AdmintstratorTexas Supreme Court · 1892

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