Cearley v. May
Texas Supreme Court
Error to the Court, of Civil Appeals, Sixth District, in an appeal from Wise County. Cearley and others sued May, who appealed from a judgment in favor of plaintiffs. The judgment was reversed and remanded, and appellees obtained writ of error on the ground that the ruling settled the case.
1Opinion of the CourtJustice Phillips
The suit of the plaintiffs in error was predicated upon substantially the following allegations found in their petition: That being the owners of a certain described tract of land in Wise County they sold to the defendant May, on or about September 23, 1906, all the rock on the land suitable for crushing and use as ballast, the purpose for which he sought its purchase, with the understanding that he should have the right to erect a crusher upon the land and to the use of its surface in that connection so long as the crusher was operated, but possession of the land to be returned to them as…
2Cases cited1 opinion
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
3Cited by29 opinions
- Edward Thompson Co. v. SawyersTexas Supreme Court · 1921
- King v. WiseTexas Commission of Appeals · 1926
- Shaw v. Tyler Bank & Trust CompanyCourt of Appeals of Texas · 1955
- Texas & N. O. Ry. Co. v. ThompsonTexas Commission of Appeals · 1929
- Texas Employers' Ins. Ass'n v. KnouffCourt of Appeals of Texas · 1927
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