Legal Opinion

Gibbs v. Eastham

Court of Appeals of Texas

Decided December 2, 1911PublishedCited by 7 opinions

Appeal from District Court, Haskell County; Cullen C. Higgins, Judge. Action by J. D. Gibbs against L. C. East-ham, in which defendant filed a cross-complaint. From a judgment for defendant on his cross-complaint, plaintiff appeals.

1Opinion of the CourtGraham, C. J.

Appellant, J. D. Gibbs, began this suit against appellee, L. C. East-ham, in the district court of Haskell county on April 6, 1908, for partition or division of 80 acres of land, described in his pleading, alleging that appellant and appellee each own an undivided one-half interest therein. On May 23, 1908, appellee answered, denying that appellant had any interest in the land, pleaded a cross-action of trespass to try title for the entire 80 acres, and also pleaded the statutes of limitations of three, five, and ten years as a bar to appellant’s recovery of any part of the land. The case was…

2Cases cited4 opinions

  1. White v. McGregorTexas Supreme Court · 1899
  2. Flanagan v. BoggessTexas Supreme Court · 1876
  3. Eastham v. GibbsCourt of Appeals of Texas · 1910
  4. Gilkey v. PeelerTexas Supreme Court · 1859

3Cited by7 opinions

  1. Miller v. Fenner, Beane & UngerleiderCourt of Appeals of Texas · 1935
  2. Hardwicke v. Trinity Universal Ins. Co.Court of Appeals of Texas · 1935
  3. Rossetti v. BenavidesCourt of Appeals of Texas · 1917
  4. Montgomery v. TrueheartCourt of Appeals of Texas · 1912
  5. Levy v. Engle Bros. Co.Court of Appeals of Texas · 1917

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