Caplen v. Drew
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. The appellant Caplen instituted this suit against appellees in the district court of Galveston county, on the 5th day of June, 1874, to try title to lot No. 4, in block No. 88, in the city of Galveston. The appellees answered by general denial, and plea of “not guilty.”
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. The appellant Caplen instituted this suit against appellees in the district court of Galveston county, on the 5th day of June, 1874, to try title to lot No. 4, in block No. 88, in the city of Galveston. The appellees answered by general denial, and plea of “not guilty.” In support of his title, on the trial of the case, the appellant introduced copy of a judgment rendered by the federal court on the 27th day of May, A. D. 1872, in the case of Kate G. Morgan v. Thornton P. Hollis et at., for $16,000, and an execution that…
1Opinion of the Court
Watts, Commissioner.
The general rule is well established, that in trespass to try title the plaintiff must re*496cover, if at all, upon the strength of his own, and not upon any supposed defect of the defendant’s title. What constitutes a sufficient title to make a prima facie case against a defendant in possession, is discussed and clearly stated by the present chief justice in the case of Keys v. Mason, 44 Tex., 142, 143, wherein it in effect is said, that merely a prior possession to that under which the defendant claims, with a regular claim of title, connecting himself with such prior…
2Cases cited1 opinion
- Keys v. MasonTexas Supreme Court · 1875
3Cited by17 opinions
- House v. ReavisTexas Supreme Court · 1896
- Watkins v. SmithTexas Supreme Court · 1898
- Reiter v. Coastal States Gas Producing Co.Texas Supreme Court · 1964
- Foster v. JohnsonTexas Supreme Court · 1896
- Humble Oil & Refining Co. v. WilcoxonCourt of Appeals of Texas · 1934
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