Legal Opinion

McLaughlin v. McManigle

Texas Supreme Court

Decided March 20, 1885No. Case No. 1884PublishedCited by 11 opinions

Appeal from Nueces. Tried below before the Hon. Horace Chilton, Special Judge. This was an action of trespass to try title brought by Amos McLaughlin against P. H. McManigle to recover lot No. 1, in block No. 30, in the town of Corpus Christi. The defendant answered by plea of “not guilty;” plea of statutes of limitation, and improvements made in good faith.

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Appeal from Nueces. Tried below before the Hon. Horace Chilton, Special Judge. This was an action of trespass to try title brought by Amos McLaughlin against P. H. McManigle to recover lot No. 1, in block No. 30, in the town of Corpus Christi. The defendant answered by plea of “not guilty;” plea of statutes of limitation, and improvements made in good faith. Cause submitted to the special judge without a jury; who found conclusions of fact and of law, on which he rendered judgment for the defendant. The estate of H. L. Kinney, deceased, was the common source of plaintiff’s and defendant’s…

1Opinion of the Court

Walker, P. J. Com. App.. . . Aside from the foregoing view, which is decisive of the result of this appeal, we think that there are other grounds presented by appellant' for revision having respect to questions arising on the merits of the trial of the two chains of title under which the parties respectively claimed, which disclose errors for which the judgment ought to be reversed.

It is assigned as error that the court erred in its fifth conclusion-of fact, for the reason that there was no evidence tq show that the deed to Miller had ever been delivered to him by the executors of H. L.…

2Cases cited4 opinions

  1. Dikes v. MillerTexas Supreme Court · 1859
  2. Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
  3. Hart v. RustTexas Supreme Court · 1877
  4. Van Hook v. WaltonTexas Supreme Court · 1866

3Cited by11 opinions

  1. Hubbard v. CoxTexas Supreme Court · 1890
  2. Witham v. WithamOregon Supreme Court · 1937
  3. Benavides v. BenavidesCourt of Appeals of Texas · 1920
  4. Ackerman v. Cincinnati, Saginaw & Mackinaw RailroadMichigan Supreme Court · 1906
  5. Croom v. Jerome Hill Cotton Co.Court of Appeals of Texas · 1897

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