Bates v. Bacon
Texas Supreme Court
Appeal from Denton. Tried below before the Hon. F. M. Davidson, special judge. This was an action of trespass to try title, brought by the appellee against appellants for six hundred and forty acres of’land patented to W. J. Bussell, situated in Denton county.
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Appeal from Denton. Tried below before the Hon. F. M. Davidson, special judge. This was an action of trespass to try title, brought by the appellee against appellants for six hundred and forty acres of’land patented to W. J. Bussell, situated in Denton county. Appellee, in his second amended petition, which was his last pleading filed, stated that on May 26, 1879, he was in the actual possession of the land, claiming under the following chain of title : First, a patent from the state to W. J. Bussell; second, a judgment against Bussell; third, execution issued upon the same, together with…
1Opinion of the Court
Robertson, Associate Justice.
The plaintiff below admitted that the patent, through which he claimed, was the same held by this court to be void in the case of Bacon & Bates v. Russell, 57 Tex., 409. He insists, however that the grant was validated by the act of March 31, 1883, and that his title was thereby perfected. His claim to the benefits of that act is through an execution sale against Bussell, the patentee, made on June 5, 1877. At that time Bussell had no interest in the land. The title was in the state, and there remained until by *349the cited act, the patent was vitalized as a grant. A…
2Cases cited1 opinion
- Bacon & Bates v. RussellTexas Supreme Court · 1882
3Cited by21 opinions
- Land v. TurnerTexas Supreme Court · 1964
- House v. ReavisTexas Supreme Court · 1896
- Reiter v. Coastal States Gas Producing Co.Texas Supreme Court · 1964
- Dawson v. TumlinsonTexas Supreme Court · 1951
- Humble Oil & Refining Co. v. WilcoxonCourt of Appeals of Texas · 1934
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