Dean v. Crenshaw
Texas Supreme Court
Appeal from Grimes. Tried below before the Hon. J. E. Burnett. A. B. Dean, April 2d, 1873, brought suit against Anna M. Crenshaw, widow, and Willie and Elizabeth Crenshaw, minor children of W. L. Crenshaw, deceased, for a house and lot in the town of Havasosa.
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Appeal from Grimes. Tried below before the Hon. J. E. Burnett. A. B. Dean, April 2d, 1873, brought suit against Anna M. Crenshaw, widow, and Willie and Elizabeth Crenshaw, minor children of W. L. Crenshaw, deceased, for a house and lot in the town of Havasosa. The plaintiff charged, that in 1867 and 1868, he shipped to said W. L. Crenshaw large quantities of tobacco, on commission ; that from time to time, said W. L. Crenshaw made reports of sales, which were false, and in 1868 represented that a large part of the tobacco had been stolen, and that he had gone into bankruptcy; that, induced by…
1Opinion of the Court
Moore, Associate Justice.
Appellant’s action was for the recovery of the house and lot described in his petition, and not upon his account for the tobacco consigned for sale by him to W. L. Crenshaw, deceased—the amended answer *12alleging that more than two years had elapsed after the rendering of an account of sales of the tobacco before the bringing of the suit; consequently presented an altogether immaterial issue. If, therefore, the judgment of the court in favor of appellee could be supported upon no other ground than that upon which it was rendered, it should without question be held to be…
2Cited by7 opinions
- Mainwarring v. TemplemanTexas Supreme Court · 1879
- Swift v. TrottiTexas Supreme Court · 1880
- Gillette v. DavisCourt of Appeals of Texas · 1929
- Garrett v. KelleyCourt of Appeals of Texas · 1928
- Reyes v. De La FuenteCourt of Appeals of Texas · 1929
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