Sullivan v. Dimmitt
Texas Supreme Court
Appeal-from Karnes. Tried below before the Hon. J. B. Hurd. This action was trespass to try title to two leagues of land situated on the east side of the San Antonio river, and now in the. connty. of Karnes, which had been granted to Victoriano Zepeda by the Mexican government. The plaintiffs were the heirs of Philip Dimmitt, deceased.
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Appeal-from Karnes. Tried below before the Hon. J. B. Hurd. This action was trespass to try title to two leagues of land situated on the east side of the San Antonio river, and now in the. connty. of Karnes, which had been granted to Victoriano Zepeda by the Mexican government. The plaintiffs were the heirs of Philip Dimmitt, deceased. James M. Sullivan and others were the original defendants, but the executrix of Ramon Musquiz appeared in the character of their landlord, and defended the suit, alleging title in her testator, and pleading the several statutes of limitation. T. T. Teel and J.…
1Opinion of the CourtOgden, J.
An action of trespass to try title to two leagues of land was instituted by the appellees in 1867, against the appellants, and it appears from the pleadings and evidence in the cause that both parties claim title from the same common ancestor. The plaintiffs below allego in their petition that the defendants, in 1866, entered upon and took possession of said tract of land, committing sundry trespasses and wrongs, to the great damage of petitioners, and make the usual prayer for title, possession and damages, etc. As both plaintiffs and defendants claim tide from and under one Victoriano…
2Cases cited3 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- Scott v. MaynardTexas Supreme Court · 1843
- Monroe v. SearcyTexas Supreme Court · 1857
3Cited by2 opinions
- Guthrie v. SpeckCourt of Appeals of Texas · 1932
- Moody v. OgdenCourt of Appeals of Texas · 1903