Smith v. Tipps
Court of Appeals of Texas
Appeal from District Court, Rusk County; W. C. Buford, Judge. Action by John M. Tipps against Clem Smith and another. From a judgment for plaintiff, defendants appeal.
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Appeal from District Court, Rusk County; W. C. Buford, Judge. Action by John M. Tipps against Clem Smith and another. From a judgment for plaintiff, defendants appeal. By their deed dated November 1, 1906, J. E. Watkins and R. I-I. Hightower, in consideration of the execution and delivery to them by appellant Clem Smith of his three promissory notes for $100, interest, and attorney’s fees, each payable, respectively, November 1, 1907, 190S, and 1909, conveyed the SO acres of land in controversy to said Smith. By the terms of both the deed and the notes the vendors’ lien was retained on the…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1,2] If the allegations in the see-ond amended petition alone should be looked to in determining the question made as to the sufficiency of the pleadings to support the judgment, it is manifest the answer must be in the negative; for no facts showing ap-pellee to be entitled to recover the land, or to relief of any kind, are stated in that petition. It contains merely a prayer that title to the land be devested out of Smith and Watkins and vested in appellee, without stating why such a judgment should be rendered. Doubtless appellee intended the petition…
2Cases cited2 opinions
- Dunlop v. DunlopCourt of Appeals of Texas · 1910
- Chicago, Rock Island & Texas Railway Co. v. HalsellTexas Supreme Court · 1904
3Cited by6 opinions
- Taylor v. San Antonio Joint Stock Land BankCourt of Appeals of Texas · 1936
- Anders v. JohnsonCourt of Appeals of Texas · 1926
- Smith v. TippsCourt of Appeals of Texas · 1916
- Starnes v. Western Union Telegraph Co.Court of Appeals of Texas · 1930
- Callaway v. Western Union Telegraph Co.Court of Appeals of Texas · 1930
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