Bailey's Adm'r v. White
Texas Supreme Court
Appeal from Washington. Action of trespass to try title by the appellant against the appellee, commenced August 4th, 1852. The judgment under which the land was sold, was against a partnership of which the plaintiff’s intestate was a member; and the execution was issued, and the levy and sale made after the death of said intestate. The sale was made in 1845, and the defendants had been in possession ever since.
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Appeal from Washington. Action of trespass to try title by the appellant against the appellee, commenced August 4th, 1852. The judgment under which the land was sold, was against a partnership of which the plaintiff’s intestate was a member; and the execution was issued, and the levy and sale made after the death of said intestate. The sale was made in 1845, and the defendants had been in possession ever since. Before the commencement of the suit, plaintiff offered to refer the question of improvements. Letters of administration; were issued to plaintiff in 1850. A jury was waived. The other…
1Opinion of the CourtLipscomb, J.
This suit was brought for a lot in the town of W ashington, and to recover damages. The plaintiff proved his title. The defendant set up in his defence a purchase at Sheriff’s sale under an execution sued out on a valid judgment against plaintiff’s intestate, and proved the payment of the money, and the Sheriff’s deed ; that the money paid was applied to the satisfaction of the judgment against plaintiff’s intestate; that he had made large improvements, valued at eight hundred and fifty dollars, and had paid all the taxes assessed on the said lot ever since his purchase thereof. It was…
2Cited by20 opinions
- Stone v. BrownTexas Supreme Court · 1881
- Halsey v. JonesTexas Supreme Court · 1893
- House v. RobertsonTexas Supreme Court · 1896
- Stephenson v. MarsalisCourt of Appeals of Texas · 1895
- Jordan v. BrophyTexas Supreme Court · 1874
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