Stark v. Osborn
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Eastern District of Texas; Gordon M. Russell, Judge. Action at law by Mrs. Rosa P. Osborn against W. H. Stark and others. Judgment in part for plaintiff, and certain defendants bring error. Mrs. Rosa P. Osborn brought this suit under statutory allegations in trespass to try title for the recovery from W. H. Stark and others of 1,107 acres of land in Orange county, Tex., comprising the John M. Henrie headright.
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In Error to the District Court of the United States for the Eastern District of Texas; Gordon M. Russell, Judge. Action at law by Mrs. Rosa P. Osborn against W. H. Stark and others. Judgment in part for plaintiff, and certain defendants bring error. Mrs. Rosa P. Osborn brought this suit under statutory allegations in trespass to try title for the recovery from W. H. Stark and others of 1,107 acres of land in Orange county, Tex., comprising the John M. Henrie headright. All the land in said grant, except 397 acres off the north side thereof, was recovered by the defendant below under the…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The ■defendants 1 have assigned numerous errors to the rulings of the court, *565but, in the disposition of the case, it is deemed necessary to consider •only the two following questions:
1. Was the deed of Canfield, administrator of the estate of John M. Henrie, to R. B. Russell, admissible in evidence?
2. Upon the trial, the court held that the deed executed by J. M. Henrie—who will be designated as the Louisiana Henrie, to distinguish him from the San Augustine John M. Henrie—to Josiah Bell was void on its face, and thereby deprived the defendants of the right…
2Cases cited15 opinions
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