T. & P. R'y Co. v. Durrett
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. George N. Aldridge. September 22, 1877, Mary A. Durrett filed her petition, joined by her husband, John A. Durrett, in the district court of Dallas county, against the Texas & Pacific Railway Company, alleging that on the 1st of December, 1872, she was the owner and in possession of a tract of land in that county, containing one hundred and seventy and four-ninths acres, described by metes and bounds, and that at that date the…
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Appeal from Dallas. Tried below before the Hon. George N. Aldridge. September 22, 1877, Mary A. Durrett filed her petition, joined by her husband, John A. Durrett, in the district court of Dallas county, against the Texas & Pacific Railway Company, alleging that on the 1st of December, 1872, she was the owner and in possession of a tract of land in that county, containing one hundred and seventy and four-ninths acres, described by metes and bounds, and that at that date the defendant took forcible possession of the land for a road-bed, and constructed its road across it so as to take and hold…
1Opinion of the Court
Stayton, Associate Justice.
The question whether the land which was appropriated by the appellant for its road-bed and way was the separate property of Mrs. Durrett, or the community property of herself and husband, was fairly submitted to the jury by the charge of the court, and their verdict involves a finding that the land over which the appellants constructed their road was the separate property of Mrs. Durrett; hence it becomes unnecessary to consider so much of the assignments of error as are based upon the theory that the land was the community property of Mrs. Durrett and her husband.…
2Cases cited6 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Higgins v. Emily Johnson's HeirsTexas Supreme Court · 1857
- Berry v. DonleyTexas Supreme Court · 1863
- Fitzgerald v. TurnerTexas Supreme Court · 1875
- Smith v. Elliott & DeatsTexas Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Stephens County v. Mid-Kansas Oil & Gas Co.Texas Supreme Court · 1923
- The Texas Company v. DavisTexas Supreme Court · 1923
- Ballard v. CarmichaelTexas Supreme Court · 1892
- Miller v. LetzerichTexas Supreme Court · 1932
- Dority v. DorityTexas Supreme Court · 1903
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