Neal v. Bartleson
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Geo. McCormick. This suit was brought by H. C. Bartleson, a resident of the state of Alabama, and Maria L. Cheesborough, a resident of the state of Ohio, against W. F. Heal, H. M. Everett, and W. H. Getzendaner, to recover a league and labor of land situated ini Colorado county, and patented to the heirs of Peter K. Bartleson, deceased.
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Appeal from Colorado. Tried below before the Hon. Geo. McCormick. This suit was brought by H. C. Bartleson, a resident of the state of Alabama, and Maria L. Cheesborough, a resident of the state of Ohio, against W. F. Heal, H. M. Everett, and W. H. Getzendaner, to recover a league and labor of land situated ini Colorado county, and patented to the heirs of Peter K. Bartleson, deceased. The defendants filed separate answers, claiming that the upper half of the league and labor was owned by defendants W. F. Heal and Mrs. H. M. Everett, in undivided equal shares, and that the lower half was…
1Opinion of the Court
Stayton, Associate Justice.
The ownership of the land in controversy must depend, primarily, upon the ownership of the land certificate upon which it was granted. If this was in the appellants, *482their equitable ownership is superior to the naked legal title which rested in the appellees through the patent. If the county court for Calhoun county had jurisdiction to appoint a guardian of the estates of the three children of Peter K. Bartleson, and to order the sale of the land cetificate, after it was obtained, then the appellants showed that those under whom they claim were the owners of it…
2Cases cited8 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Hoyt v. SpragueSupreme Court of the United States · 1881
- Mills v. CharletonWisconsin Supreme Court · 1872
- Green v. RugelyTexas Supreme Court · 1859
- Johnson v. NewmanTexas Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Henderson v. Shell Oil Co.Texas Supreme Court · 1948
- Bagwell v. McCombsCourt of Appeals of Texas · 1930
- St. Louis S. Ry. Co. of Texas v. Smitha, Admr.Texas Supreme Court · 1921
- Waterman v. CharltonTexas Supreme Court · 1909
- Davis v. BargasCourt of Appeals of Texas · 1895
4 more not listed; retrieve them via the Exa API.