Thompson v. Comstock
Texas Supreme Court
Appeal from Wise. Tried below before the Hon. C. O. Potter. Suit by appellants for six hundred and forty acres of school land purchased by them. Answer of not guilty, and suggestion of improvements made in good faith. The answer as to improvements and possession in good faith was as stated in second subdivision of syllabus. Verdict and judgment for appellants, and for defendant the value of his improvements.
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Appeal from Wise. Tried below before the Hon. C. O. Potter. Suit by appellants for six hundred and forty acres of school land purchased by them. Answer of not guilty, and suggestion of improvements made in good faith. The answer as to improvements and possession in good faith was as stated in second subdivision of syllabus. Verdict and judgment for appellants, and for defendant the value of his improvements. The initial step taken by appellee to pre-empt the land was after the purchase of it by appellants from the state as a school section.
1Opinion of the Court
West, Associate Justice. —
There is no question raised as to appellants’ right to the land. - Their title is conceded by the appellees *319to be good. The only question, then, is, shall the judgment in favor of the appellee, M. H. Comstock, for the value of his improvements, stand ?
Special exceptions were taken to that portion of the pleadings of appellees which alleged the making of these improvements in good faith. The Revised Statutes, art. 4813, changed the old law. Formerly (Hart. Dig., art. 3227; Pasch. Dig., art. 5300), on this subject, no formal pleading was necessary. All that was…
2Cases cited7 opinions
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- Dorn v. DunhamTexas Supreme Court · 1859
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3Cited by9 opinions
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