Martin v. Bishop
Martin v. Bishop
Opinion of the Court
The transcript does not contain the petition of appellee, by whom, according to the judgment and the admission of appellant, this suit was instituted, and opens with a 16-page first supplemental petition; but we are led to conclude that it was an action of trespass to try title to a certain lot of land in an addition to the city of Temple, Bell county, Tex., and for rents, from the fact that the supplemental petition so states and the judgment was for the title and possession of the land and for rents in the sum of $458.35. In the face of the pleadings and judgment, however, appellants in their brief state that the object of- the suit was “to foreclose a lien upon certain property described in the plaintiff’s petition,” and that their defense was that it was the separate property of Mrs. Martin, “and that the lien claimed was a mortgage upon her homestead.” The court labored under the belief that the suit was one for the title and possession of the land because he peremptorily instructed 'the jury to return a verdict for appellee “for the recovery of title and possession of the property described in plaintiff’s petition, and for damage for the use and possession of said property at the rate of $35 per month from and after July, 1920.” In spite of the verdict the jury were instructed to return, and which it might be inferred that they did return were it not recited in the judgment that the verdict was “for the plaintiff for the possession and title to the property in controversy, and for the plaintiff generally for the relief prayed for in his pleadings,” the court must have known that “the relief prayed for in his pleadings” was for $50 a month, for judgment was rendered in favor of appellee for that sum from July 8, 1920, to. the date of the judgment, aggregating $458.35.
The judgment will be affirmed.
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Reference
- Full Case Name
- MARTIN Et Al. v. BISHOP
- Cited By
- 1 case
- Status
- Published