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acres action affirmed agent agreed alleged amount answer appellant appellee application assignment attachment authority Bank cause charge circuit civil appeals claim constitution contract conveyed corporation court court of civil creditors damages death debt deed defendant delivered district court effect error evidence executed facts filed follows further give given ground hands held hold injury intended interest issue Judge judgment June jury land levy lien ment mortgage motion negligence notice objection opinion owner paid parties payment person petition plaintiff pleaded possession present proper purchase question railroad Railway reason received record recover rendered reversed rule secure sold statute street sufficient suit taken term testimony Texas tion train trial trust witness writ