Titus v. Johnson
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. Green J. Clark. November 26, 1875, James H. Johnson, administrator d& bonis non of the estate of James H. Johnson, deceased, in an amended petition, abandoning all other pleadings, set out his appointment, alleging the facts constituting the title of his intestate to two thousand six hundred and eighteen acres of land, located and patented under an unlocated balance of the headright certificate of M. H. Eagsdale for a league and…
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Appeal from Hunt. Tried below before the Hon. Green J. Clark. November 26, 1875, James H. Johnson, administrator d& bonis non of the estate of James H. Johnson, deceased, in an amended petition, abandoning all other pleadings, set out his appointment, alleging the facts constituting the title of his intestate to two thousand six hundred and eighteen acres of land, located and patented under an unlocated balance of the headright certificate of M. H. Eagsdale for a league and labor of land; further alleging that the defendants, with notice of the title of his intestate, were setting up a false…
1Opinion of the Court
Moore, Chief Justice.
Evidently the court did not err in overruling appellants’ demurrers to appellee’s (plaintiff in this court) petition and amended petitions. That the owner of land has such seizin by reason of his title, whether legal or equitable, as will support an action of trespass to try title in this State, has been too often recognized to now admit of *238question. That he may elect to consider himself ousted, and bring suit against an adverse claimant of the land, even though such claimant has never been in actual possession of it, is equally well settled!,, (Moody v. Holcomb, 26 Tex.,…
2Cases cited4 opinions
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Johnson v. NewmanTexas Supreme Court · 1875
- Brown v. MooreTexas Supreme Court · 1873
- Sample v. IrwinTexas Supreme Court · 1876
3Cited by29 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Stanolind Oil & Gas Co. v. StateTexas Supreme Court · 1939
- Dyson Descendant Corp. v. Sonat Exploration Co., Texas Court of Appeals, 1st District (Houston)1993
- Bankr. L. Rep. P 71,239 in Re G. Dwayne Casbeer, Debtor. G. Dwayne Casbeer v. State Federal Savings & Loan Association of LubbockCourt of Appeals for the Fifth Circuit · 1986
- Hall v. EdwardsTexas Commission of Appeals · 1920
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