Legal Opinion

Young v. O'Neal

Texas Supreme Court

Decided March 15, 1881No. Case No. 509PublishedCited by 2 opinions

Appeal from Bee. Tried below before the Hon. D. D. Claiborne. O’Neal and wife, the plaintiffs below, in their petition filed October 10, 1874, alleged that on the 30th of July, 1873, O’Neal was the head of a family, and owned no land and had no homestead; that at that date they entered upon the 160 acres of land sued for, then vacant, and claimed it as a homestead pre-emption, intending in good faith to occupy and improve the land, for three years from the 30th of July,…

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Appeal from Bee. Tried below before the Hon. D. D. Claiborne. O’Neal and wife, the plaintiffs below, in their petition filed October 10, 1874, alleged that on the 30th of July, 1873, O’Neal was the head of a family, and owned no land and had no homestead; that at that date they entered upon the 160 acres of land sued for, then vacant, and claimed it as a homestead pre-emption, intending in good faith to occupy and improve the land, for three years from the 30th of July, 1873, in order to obtain the patent therefor; that they built a dwelling house upon it, fenced in a field, and made…

1Opinion of the Court

Quinan, Commissioner.

!. The point made by appellant in his brief, on the first assignment of error, is, that the petition shows upon its face that the land in controversy was not vacant, and hence that no cause of action was shown against Atkins, the surveyor. This point is not wefi made. The object of the suit was to declare the *548survey made by Atkins for Young null, and to command Atkins then to survey it for plaintiff. He was therefore a proper party.

2. The exception to the introduction of testimony fails to indicate upon what ground it was objected to, and will not therefore be considered.…

2Cases cited6 opinions

  1. Jennings v. De CordovaTexas Supreme Court · 1857
  2. Woods v. DurrettTexas Supreme Court · 1866
  3. Thornton v. MurrayTexas Supreme Court · 1878
  4. Kohlhass v. LinneyTexas Supreme Court · 1862
  5. Teel v. HuffmanTexas Supreme Court · 1858

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Texas Mexican Railway Co. v. ScottCourt of Appeals of Texas · 1910
  2. Taylor v. CriswellCourt of Appeals of Texas · 1893

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