Atkinson v. Bell
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. James H. Bell. Trespass to try title to ten acres of land, by appellee against appellant. The plaintiff gave in evidence an instrument of writing, as follows : Know all men, by these presents, that I, Benjamin Babbit, have bargained and sold to Thomas Bell ten acres of land at the north-east corner of my three-quarters of a league, including the spring, which land I do warrant and defend to said Bell and his heirs forever.
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Appeal from Austin. Tried below before the Hon. James H. Bell. Trespass to try title to ten acres of land, by appellee against appellant. The plaintiff gave in evidence an instrument of writing, as follows : Know all men, by these presents, that I, Benjamin Babbit, have bargained and sold to Thomas Bell ten acres of land at the north-east corner of my three-quarters of a league, including the spring, which land I do warrant and defend to said Bell and his heirs forever. I, the said Babbitt, have received value to my satisfaction, this March 15th, 1835. We are to be eaual in the transfer : the…
1Opinion of the Court
Hemphill Ch. J.
This case presents some peculiar features. One is, that at the time of the sale from Babbitt to Thomas Bell, under which the appellee, John G. Bell, now claims, viz: on March 15th, 1835, the land was entirely vacant. There is not a tittle of evidence in the case, to show that Babbitt even claimed the land at that time, except that in Ms bond or agreement for title, the land is described as a portion of his three quarters of a league. On the twenty-fourth of September following, Babbitt petitions for title to three quarters of a league, which we may presume embraces this ten…
2Cases cited2 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
3Cited by10 opinions
- Roaring Springs Townsite Co. v. Paducah Telephone Co.Texas Supreme Court · 1919
- Holmes v. JohnsTexas Supreme Court · 1881
- Brown v. H. S. Simpson's HeirsTexas Supreme Court · 1887
- Parisa v. City of DallasTexas Supreme Court · 1892
- Murren v. Foster, Texas Court of Appeals, 7th District (Amarillo)1984
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