Legal Opinion

Barbee v. Lundy

Court of Appeals of Texas

Decided May 1, 1919No. 7728PublishedCited by 1 opinion

Appeal from District Court, Houston County; John S. Prince, Judge. . Action by T. L. Lundy against H. M. Bar-bee and another, in which named defendant asks that the Texas Moline Plow Company be made a party, and in which D. E. Barbee intervenes. Judgment for plaintiff, and the Texas Plow Company, and defendants and intervener appeal.

1Opinion of the CourtPleasants, C. J.

This is an action of trespass to try title brought by the appellee Lundy against appellants H. M. Barbee and David Griffin. The land in controversy is a tract of 32.2 acres on the Ja,mes Nevilh League in Houston county.

The defendant Barbee, in addition to a general and several special exceptions, a general denial, and plea of not guilty, specially pleaded, in substance:

That some time during the year 1913 he executed a mortgage upon the 32.2 acres of land to secure an indebtedness due by him to the Texas Moline Plow Company; that at the time said mortgage was executed this land was a part of…

2Cases cited1 opinion

  1. Crockett v. TempletonTexas Supreme Court · 1885

3Cited by1 opinion

  1. Booth v. H. P. Drought & Co.Court of Appeals of Texas · 1935

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