Shepard v. Avery
Texas Supreme Court
Error to Court of Civil Appeals for Third District, in an appeal from Williamson County. Action of trespass to try title. The plaintiffs claimed under a patent issued in 1865, upon a survey made in 1847 by virtue of a bounty warrant issued to W. C. Hays. The defendants claimed under a grant to Willis Avery made in 1832, validated in 1854. Plea of not guilty and limitations.
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Error to Court of Civil Appeals for Third District, in an appeal from Williamson County. Action of trespass to try title. The plaintiffs claimed under a patent issued in 1865, upon a survey made in 1847 by virtue of a bounty warrant issued to W. C. Hays. The defendants claimed under a grant to Willis Avery made in 1832, validated in 1854. Plea of not guilty and limitations. On trial the judge instructed the jury: “In this case the defendants have shown a title which, by virtue of the validating act of February 2, 1854 (Paschal’s Digest, art.-■; Oldham & White’s Digest, art. 1255), was…
1Opinion of the Court
BBOWH, Associate Justice.
On the 11th day of December, 1846, the Adjutant-General of Texas issued to W. C. Hays the bounty warrant Ho. 157, for 1280 acres of land, which was approved by the Commissioner of Claims July 20, 1860.
The bounty warrant was located for M. C. Hamilton on the land in controversy, February 15, 1847. Field notes were made out dated of that date and signed by the surveyor of the Hilan Land District. These field notes were endorsed as follows: “Canceled by me June 28, 1859— (signed)—W. K. Duerson, Co. ,S. W. County;” also, “corrected and resurveyed July 17, 1858, W. K.…
2Cases cited10 opinions
- Kimbro v. HamiltonTexas Supreme Court · 1866
- Johnston v. SmithTexas Supreme Court · 1858
- Deen v. WillsTexas Supreme Court · 1858
- Johnson v. EldridgeTexas Supreme Court · 1878
- Chadoin v. MageeTexas Supreme Court · 1857
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3Cited by17 opinions
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- Pfeffer v. MahnkeTexas Commission of Appeals · 1924
- Barron v. StateCourt of Appeals of Texas · 1988
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