Legal Opinion

Roberson v. Sterrett

Texas Supreme Court

Decided January 15, 1903No. 1016PublishedCited by 2 opinions

Motion for rehearing of an application for writ of error to the Court of Civil Appeals for the Second District, in an appeal from Shackelford County. Sterrett sued Eoberson for the recovery of land. Defendant had judgment and Sterrett appealed. The judgment having been reversed and rendered in favor of appellant, Eoberson applied for writ of error, and, on its refusal, moved for a rehearing on his application, whereupon a written opinion was delivered refusing the writ.

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Motion for rehearing of an application for writ of error to the Court of Civil Appeals for the Second District, in an appeal from Shackelford County. Sterrett sued Eoberson for the recovery of land. Defendant had judgment and Sterrett appealed. The judgment having been reversed and rendered in favor of appellant, Eoberson applied for writ of error, and, on its refusal, moved for a rehearing on his application, whereupon a written opinion was delivered refusing the writ. The findings by the trial court were as follows: FINDINGS OF FACTS AND CONCLUSIONS OF LAW. From the testimony in the above…

1Opinion of the Court

GAINES, Chief Justice.

This is a motion for rehearing of an application for a writ of error and is supported by a citation of a new authority, namely the case of Spence, Administrator, v. Mitchell, recently decided in this court, and not yet officially reported. [Reported ante, p. 43.] It was held in the case referred to, that a sale by a purchaser of school lands of a part of his additional lands to another who was not an actual settler upon the lands so bought passed no title, although the vendee was, as the owner of other lands within a radius of five miles of the lands purchased by him,…

2Cases cited2 opinions

  1. Heirs of Hunt v. Heirs of RobinsonTexas Supreme Court · 1846
  2. Brown v. H. S. Simpson's HeirsTexas Supreme Court · 1887

3Cited by2 opinions

  1. Bristol v. Chas. F. Noble Oil & Gas Co.Court of Appeals of Texas · 1925
  2. Nesting v. Terrell, CommissionerTexas Supreme Court · 1903

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