Barker v. Torrey
Texas Supreme Court
Appeal from Jones. Tried below before the Hon. J. V. Cockrell. The character of the action, and so much of the conclusions of law and fact as were found by the trial judge, deemed important, are manifest from the opinion.
1Opinion of the Court
Stayton, Associate Justice.
This suit is one in which the appellant, to be entitled to the relief which he seeks, must show that he has the superior right to the land which is the subject Of controversy; hence, although he seeks equitable relief, it is essentially an action to try title. Such being the character of the suit, the pleadings were such as rendered any proper evidence to show the title of either party admissible.
J. R. Lewis, being an actual settler in good faith on the land prior to January 1, 1883, on December 39, 1883, made an application to purchase the section of which that in…
2Cited by11 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- Cox v. DavisonTexas Supreme Court · 1965
- Railroad Commission of Texas v. Houston & Texas Central Railway Co.Texas Supreme Court · 1897
- City of Oak Cliff v. State Ex Rel. GillTexas Supreme Court · 1904
- Island City Savings Bank v. DowlearnTexas Supreme Court · 1901
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