Elder v. McLane
Texas Supreme Court
Appeal from Wilson. Tried below before the Hon. Everett Lewis. The appellee (plaintiff below) in his petition stated that he owned a tract of one thousand two hundred and eighty acres of land in Karnes county, fronting on the southwest side of the San Antonio river—its lower line commencing at a corner on the river and funning S. 45 W., some five thousand varas.
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Appeal from Wilson. Tried below before the Hon. Everett Lewis. The appellee (plaintiff below) in his petition stated that he owned a tract of one thousand two hundred and eighty acres of land in Karnes county, fronting on the southwest side of the San Antonio river—its lower line commencing at a corner on the river and funning S. 45 W., some five thousand varas. Just below him the defendant owned a league of land, also fronting on the river, and that the line above described was the common boundary between them. A dispute arose between them as to the precise locality of this line,— the…
1Opinion of the Court
Delany, J. Com. App.
The first assignment of error is that the court erred in sustaining the plaintiff’s exceptions to the original answer. Upon this we can only say that as the answer is not in the record we must presume that the court acted properly.
The second is that the court erred in sustaining the exceptions to the amended answer. Our opinion is that this assignment must be sustained. It is true that most of the allegations are vague and indefinite, and are very objectionable on that account. For instance, there is an allegation that the referee refused to hear evidence as to the…
2Cited by2 opinions
- Providence Washington Ins. Co. v. Farmers Elevator Co.Court of Appeals of Texas · 1940
- Vacuum Oil Co. v. Liberty Refining Co.Court of Appeals of Texas · 1923