McFaddin v. Preston
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. H. 0. Pedigo. Suit brought in the district court of Jefferson county by appellees Preston and Smith, in trespass to try title, for the recovery of a league of land in the possession of appellants. Appellants answered by general demurrer and plea of “not guilty.” Judgment was rendered in favor of appellees for the whole of the land sued for.
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Appeal from Jefferson. Tried below before the Hon. H. 0. Pedigo. Suit brought in the district court of Jefferson county by appellees Preston and Smith, in trespass to try title, for the recovery of a league of land in the possession of appellants. Appellants answered by general demurrer and plea of “not guilty.” Judgment was rendered in favor of appellees for the whole of the land sued for. A deed from the original grantee, Joseph Butler, to David Brown, for further description of the' league referred to a plat thereto annexed. The deed, an authentic act, certified by the primary judge before…
1Opinion of the Court
Bonner, Associate Justice.
We do not deem it necessary to dispose of all the errors assigned in this case.
1. The court did not err in overruling defendants’ application for a continuance. The alleged map for which the continuance was sought, was a part of their chain of title, and though they were chargeable with notice of its materiality, no sufficient diligence was shown to obtain it.
2. Neither was there, under the circumstances, error in refusing the defendants the right of trial by jury.
The statute in force provides that no jury trial shall be had in any civil case unless application…
2Cases cited7 opinions
- Taylor v. WilliamsTexas Supreme Court · 1863
- Houston & Texas Central Railway Co. v. RyanTexas Supreme Court · 1876
- Butler v. DunaganTexas Supreme Court · 1857
- Davis v. StateTexas Supreme Court · 1876
- Crayton v. MungerTexas Supreme Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Holt v. HoltSupreme Court of Oklahoma · 1909
- Newcome v. LightTexas Supreme Court · 1882
- Hubbard v. Hamilton CountyTexas Supreme Court · 1924
- Medlin v. TaylorSupreme Court of Alabama · 1893
- Nalle v. City of AustinCourt of Appeals of Texas · 1906
12 more not listed; retrieve them via the Exa API.