Miller v. Brownson
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. H. ClaiT Pleasants. October 13, 1877, Brownson brought an action of trespass to try title against Miller for one-third of a league of land patented March 15, 1877, to plaintiff, situated in Victoria county.
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Appeal from Victoria. Tried below before the Hon. H. ClaiT Pleasants. October 13, 1877, Brownson brought an action of trespass to try title against Miller for one-third of a league of land patented March 15, 1877, to plaintiff, situated in Victoria county. Miller pleaded not guilty; limitation of five and ten years; suggested possession in good faith and valuable improvements, and that the land was not part of the public domain at the time plaintiff’s location was made, nor at the time his patent, issued. On the trial plaintiff" exhibited in evidence a patent to himself for the land, of date…
1Opinion of the Court
Moore, Chief Justice.
The patent issued to appellee by the State for the land for which he sues, is certainly primafacie evidence of title, and warranted the judgment in his *592favor for the land, unless appellant showed a valid grant of it to some one else previous to the date of the location and survey upon which appellee’s patent was issued, or that appellant had the prior and superior equitable title to the. land at the date of said patent. The burden of proof establishing one or the other of these propositions was unquestionably on appellant. The first question for inquiry, then, is: Did the…
2Cases cited6 opinions
- Hatchett v. ConnerTexas Supreme Court · 1867
- Robson v. OsbornTexas Supreme Court · 1855
- Williams v. DavidsonTexas Supreme Court · 1875
- Yancey v. NorrisTexas Supreme Court · 1863
- Sulphen v. NorrisTexas Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- French v. GrenetTexas Supreme Court · 1881
- Int. & G. N. R'y Co. v. TimmermannTexas Supreme Court · 1884
- Winsor v. O'ConnorTexas Supreme Court · 1888
- House v. StoneTexas Supreme Court · 1885
- White v. MartinTexas Supreme Court · 1886
8 more not listed; retrieve them via the Exa API.