Chinn v. Taylor
Texas Supreme Court
Appeal from La Salle. Tried below before the Hon. D. P. Marr. ■ Appellants brought this suit in trespass to try title as well as for damages, and claimed judgment to recover of appellees survey No. 514, containing six hundred and forty acres, in La Salle county, Texas, originally granted and patented to the heirs of B. W. Toliver.
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Appeal from La Salle. Tried below before the Hon. D. P. Marr. ■ Appellants brought this suit in trespass to try title as well as for damages, and claimed judgment to recover of appellees survey No. 514, containing six hundred and forty acres, in La Salle county, Texas, originally granted and patented to the heirs of B. W. Toliver. Appellees filed pleas of not guilty and also in reconvention that appellants’ claim was a cloud on the title of appellees to the land,— prayed that the same be removed and that they be quieted in their possession and title. Both parties claimed to deraign title…
1Opinion of the Court
Walker, P. J. Com. App.
The act of 1841, “to protect the rights of the heirs and next of kin to the members of the Georgia Battallion and other volunteers from foreign countries who have fallen in the battles of the republic, or otherwise died in the limits of the state,” forbade administration upon the estate of any such soldier by any other than his next of kin, unless such administrator produced an authority from the heirs or next of kin of such deceased soldier, authorizing him to take administration of the same. Art. *3881398, Pascb. Dig. That act further provides that “ where…
2Cases cited8 opinions
- Keys v. MasonTexas Supreme Court · 1875
- Joseph Wilkins v. David AllenSupreme Court of the United States · 1856
- Deen v. WillsTexas Supreme Court · 1858
- Herrington v. WilliamsTexas Supreme Court · 1868
- Duncan v. VealTexas Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Louis, Arkansas & Texas Railway Co. v. Whitaker & BonnerTexas Supreme Court · 1887
- Wade v. LoveTexas Supreme Court · 1888
- Borger v. Mineral Wells Clay Products Co.Court of Appeals of Texas · 1935
- Wilson v. WestCourt of Appeals of Texas · 1941
- Summerlin v. RabbCourt of Appeals of Texas · 1895
4 more not listed; retrieve them via the Exa API.