Wilson v. Palmer
Texas Supreme Court
Error from Walker. Tried below before the Hon Peter W. Gray. This suit was commenced on the 13th of October, 1856. The petition alleged the title of the land in plaintiff, his ouster by the defendant, and prayed judgment for the land and general relief. The petition was not indorsed as in cases of trespass to try title. The answer of defendant-was as follows : Now comes the defendant, and, for answer, says he is not guilty of the trespass in plaintiff’s petition mentioned.
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Error from Walker. Tried below before the Hon Peter W. Gray. This suit was commenced on the 13th of October, 1856. The petition alleged the title of the land in plaintiff, his ouster by the defendant, and prayed judgment for the land and general relief. The petition was not indorsed as in cases of trespass to try title. The answer of defendant-was as follows : Now comes the defendant, and, for answer, says he is not guilty of the trespass in plaintiff’s petition mentioned. And for further answer defendant says that he has been in possession under color of title adversely and against all the…
1Opinion of the Court
Hemphill, Ch. J.
This is an action to try the title to a portion of a town lot in the town of Huntsville. The petition, is in the usual form as to possession by plaintiff Palmer, and ejectment by the defendant Wilson. The defendant pleaded not guilty; that he had been in adverse possession under color of title for three years, and also for five years under deeds duly registered. On the day that he filed his answer, he also filed two deeds in the cause, and gave notice to the plaintiff’s attorney that the deeds would be offered on his (the defendant’s) behalf. One of the deeds was from the…
2Cases cited2 opinions
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1806
- Crane v. DouglassIndiana Supreme Court · 1828
3Cited by43 opinions
- Land v. TurnerTexas Supreme Court · 1964
- Bruni v. VidaurriTexas Supreme Court · 1942
- Sabariego v. MaverickSupreme Court of the United States · 1888
- Nussbaum v. Bell CountyTexas Supreme Court · 1903
- Bradshaw v. AshleySupreme Court of the United States · 1901
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