Legal Opinion

St. Louis, Arkansas & Texas Railway Co. v. Prather

Court of Appeals of Texas

Decided November 8, 1889No. 2847PublishedCited by 17 opinions

Appeal from Franklin. Tried below before Hon. E. W. Terhune. This is an action in trespass to try title and for damages by appellees Lucy A. Prather, Holloway W. Prather, Edward B. Prather, Thomas G. Prather, Alberta F. Jones, joined by her husband W. L. Jones, Laura D. Garrett, Jefferson Prather, Ellen Gregory, joined by her husband Robert Gregory, Missouri Bobo, joined by her husband Jesse Bobo, and Willie Camp, joined by her husband John Camp, the collateral heirs of N.…

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Appeal from Franklin. Tried below before Hon. E. W. Terhune. This is an action in trespass to try title and for damages by appellees Lucy A. Prather, Holloway W. Prather, Edward B. Prather, Thomas G. Prather, Alberta F. Jones, joined by her husband W. L. Jones, Laura D. Garrett, Jefferson Prather, Ellen Gregory, joined by her husband Robert Gregory, Missouri Bobo, joined by her husband Jesse Bobo, and Willie Camp, joined by her husband John Camp, the collateral heirs of N. C. Prather, deceased, against the St. Louis, Arkansas & Texas Railway Company in Texas and R. Habile, to recover one-half…

1Opinion of the Court

GAINES, Associate Justice.

This was an action of trespass to try title, brought by the appellees against the appellant. The plaintiffs alleged in their petition that they were the owners of an undivided half interest in the lots in controversy, and that the defendant had unlawfully entered upon tlie property and still withheld the possession from them. The defendant pleaded not guilty and the statute of limitations.

The conclusions of fact found by the court show that-the lots were conveyed to one N. C. Prather while a single man; that he subsequently married, and died without issue, leaving…

2Cited by17 opinions

  1. West Texas Utilities Company v. IrvinTexas Supreme Court · 1960
  2. Duren v. Houston & Texas Central Railway Co.Texas Supreme Court · 1893
  3. Ward v. ScarboroughTexas Commission of Appeals · 1922
  4. O'Neil v. O'NeilCourt of Appeals of Texas · 1934
  5. Zarate v. VillarealCourt of Appeals of Texas · 1913

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