Welch v. Holmes
Texas Supreme Court
Error from Grayson county. — This was action of trespass to try title, filed by defendant in error January 18, 1875, to recover of plaintiff in error a tract of land in Grayson county.
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Error from Grayson county. — This was action of trespass to try title, filed by defendant in error January 18, 1875, to recover of plaintiff in error a tract of land in Grayson county. The land is described in the petition by metes and bounds as a survey of 640 acres, and the plaintiff claimed the entire survey, except a tract of 160 acres, to be taken in a square from out of the northeast corner of the survey, and laid damages at $1000. The plaintiff set out her title as follows: The land had been granted to her deceased husband, and was their community property, and had been awarded to her…
1Opinion of the Court
Delaney, J.-
Opinion by Our opinion is that there is no error in the judgment of the court below. A judgment by default admits every material allegation in the petition, except the amount of the damages. This has been decided so often as to render the citation of cases unñeuess?mr~ ~~
' A large number of these cases have arisen out of demands for money, in some form or other, as upon notes, accounts, etc. The case of Clark v. Compton, 15 Texas, 32, was an action of trespass. The court held that the judgment by default established the plaintiff’s right to recover, and fixed the defendant’s…
2Cases cited1 opinion
- Clark v. ComptonTexas Supreme Court · 1855