O'Neal v. Manning
Texas Supreme Court
Appeal from Van Zandt. Tried below before the Hon. M. H. Bonner. This was an action of trespass to try title in the ordinary form, brought by H. C. Manning against John O’Neal, for 160 acres of land in Van Zandt county, part of a large tract patented to the heirs of A. T. Mitchell. The defendant pleaded not guilty. A jury was waived and the cause submitted to the judge. There was no controversy as to the title claimed by each.
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Appeal from Van Zandt. Tried below before the Hon. M. H. Bonner. This was an action of trespass to try title in the ordinary form, brought by H. C. Manning against John O’Neal, for 160 acres of land in Van Zandt county, part of a large tract patented to the heirs of A. T. Mitchell. The defendant pleaded not guilty. A jury was waived and the cause submitted to the judge. There was no controversy as to the title claimed by each. The plaintiff exhibited a patent issued September 11, 1871, and transfers down to him. The defendant proved, that, in 1859 or 1860, one David Ferguson settled on the…
1Opinion of the Court
Roberts, Chief Justice.
Both parties claim under patents: the plaintiff, under one issued in 1871, upon a certificate of headlight located upon the land in 1870; and the defendant, under a preemption claim, proved up, designated, and surveyed in 1860 and 1861, and patented in 1874. Each party established a good title, abstractly considered, and each, in the absence of the other, would have shown, by the evidence, a title to the land in controversy sufficient to have ejected trespassers.
The case being submitted to the judge, judgment was rendered for the plaintiff, upon the ground, as it would…
2Cited by8 opinions
- Shepard v. AveryTexas Supreme Court · 1896
- Chinn v. TaylorTexas Supreme Court · 1885
- Gardner v. BurkhartCourt of Appeals of Texas · 1893
- Gallup v. ThackerTexas Supreme Court · 1910
- Clark v. SmithTexas Supreme Court · 1883
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