Legal Opinion

Gainer v. Cotton

Texas Supreme Court

Decided July 1, 1878PublishedCited by 14 opinions

.Appeal from Freestone. Tried below before Hon. J. B. Rector. This was an action of trespass to try title in the ordinary form, brought March, 1873, in the District Court of Freestone county, by William T. Gainer and others, who are appellants, against William Collins and others, who are appellees, for the league of land upon which the town of Fairfield is situated, originally granted to Redin Gainer.

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.Appeal from Freestone. Tried below before Hon. J. B. Rector. This was an action of trespass to try title in the ordinary form, brought March, 1873, in the District Court of Freestone county, by William T. Gainer and others, who are appellants, against William Collins and others, who are appellees, for the league of land upon which the town of Fairfield is situated, originally granted to Redin Gainer. The plaintiffs claimed as children and. heirs of the grantee, Redin Gainer, and his wife, Amelia Gainer. The grant was made July 9, 1835, and it was community property. The wife, Amelia Gainer,…

1Opinion of the Court

Moore, Associate Justice.

This is an action of trespass to try title, brought by appellants against appellees, to recover a league of land in Freestone county, and upon which the town of Fairfield is situated, granted on the 9th day of July, 1835, by the Governor of Coahuila and Texas, to Eedin Gainer.

Both appellants and appellees claim title under this grant.

Appellants claim one-half of the league as the community estate of their .mother, Amelia Gainer, the wife of Eedin Gainer at the date of the grant, who died December 18, 1842,’and the other half as the property of their father, and cast…

2Cases cited4 opinions

  1. Beaty v. WhitakerTexas Supreme Court · 1859
  2. Edwards v. JamesTexas Supreme Court · 1851
  3. McKissick v. ColquhounTexas Supreme Court · 1856
  4. Hanrick v. BostonSupreme Court of the United States · 1873

3Cited by14 opinions

  1. Garner v. LaskerTexas Supreme Court · 1888
  2. Fowler v. StagnerTexas Supreme Court · 1881
  3. Beaumont Pasture Co. v. Preston & SmithTexas Supreme Court · 1886
  4. Cox v. CockTexas Supreme Court · 1883
  5. Johnson & Moran v. BuchananCourt of Appeals of Texas · 1909

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