Legal Opinion

Neil v. Keese

Texas Supreme Court

Decided December 15, 1849PublishedCited by 37 opinions

Appeal from Gonzales. This suit was brought by the appellee to recover from the appellant certain lots in the town tract of the town of Seguin. The plaintiff claimed title in his intestate, James Campbell, derived from' the former Government through one Branch, a colonist in tiie colony of De Witt, lo whom I he land had been granted.

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Appeal from Gonzales. This suit was brought by the appellee to recover from the appellant certain lots in the town tract of the town of Seguin. The plaintiff claimed title in his intestate, James Campbell, derived from' the former Government through one Branch, a colonist in tiie colony of De Witt, lo whom I he land had been granted. The defendant set up as a defense that he was joint owner with the deceased of the lots in question; that he had himself been tiie former administrator of the deceased, and as such administrator had petitioned the Probate Court and obtained an order of sale to…

1Opinion of the CourtWheeler, J.

It is insisted on behalf of the appellee that the court erred—

*151st. Ift excluding the evidence offered to prove the defendant's joint interest •with the deceased in the lands in controversy.

2d. In refusing to admit in evidence the petition and order of sale of the-Prohate Court of Gonzales county.

1. The .only evidence offered by the defendant to establish the title asserted, by him was the statement of a single witness that he heard the deceased say that the defendant was jointly interested with him in the lots. It is well settled that where one buys land in the name of another and pays the…

2Cited by37 opinions

  1. Binford v. SnyderTexas Supreme Court · 1945
  2. State v. DyerTexas Supreme Court · 1947
  3. Conley v. Daughters of the RepublicTexas Supreme Court · 1913
  4. Conley v. Daughters of RepublicTexas Supreme Court · 1913
  5. Southern Pacific Co. v. SoreyTexas Supreme Court · 1911

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