Galbreath v. Templeton
Texas Supreme Court
Error from Caldwell. Tried below before the Hon. Thomas H. DuVal. Action of trespass to try title, commenced July 20th, 1854, by Archibald W. Templeton and Drucilla M. Templeton, his wife, as administrators of William P. Patterson, former husband of the said Drucilla, against several defendants, among whom was the plaintiff in error, to recover thirty-six acres of land, part of the town tract of the town of Caldwell.
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Error from Caldwell. Tried below before the Hon. Thomas H. DuVal. Action of trespass to try title, commenced July 20th, 1854, by Archibald W. Templeton and Drucilla M. Templeton, his wife, as administrators of William P. Patterson, former husband of the said Drucilla, against several defendants, among whom was the plaintiff in error, to recover thirty-six acres of land, part of the town tract of the town of Caldwell. The defendants all claimed by deeds from the said William P. Patterson and Drucilla M., by their attorney Isham J. Good, some by deeds prior and some subsequent to April, 1849,…
1Opinion of the Court
Hemphill, Ch. J.
The plaintiff in error, defendant below, insists in her brief on but one point, viz : the alleged error in rejecting the parol testimony offered to prove the execution by one of the plaintiffs and her intestate (by an authorized agent) of the deed of 1847; its surrender (on account of there being no covenants of warranty) to the same agent in 1850; and his execution, as agent, of another deed in lieu of the first. The objection to the evidence was sustained on the ground that the defendant claimed under the deed of 1850, and therefore could not be allowed to go behind that…
2Cases cited1 opinion
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
3Cited by14 opinions
- Hicks v. MorrisTexas Supreme Court · 1882
- Sanborn v. MurphyTexas Supreme Court · 1894
- Pfeuffer v. MaltbyTexas Supreme Court · 1881
- Ivy v. IvyCourt of Appeals of Texas · 1908
- Fulgham v. BendyTexas Supreme Court · 1859
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