Atkinson v. Ward
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Everett Lewis. Appellees brought trespass to try title against appellants.
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Appeal from Gonzales. Tried below before the Hon. Everett Lewis. Appellees brought trespass to try title against appellants. Suit filed on the 31st of August, 1877. Appellees claimed title to the land sued for through a survey made on the 23d day of October, 1876, by virtue of bounty certificate No. 22/5, issued for unlocated balance of bounty certificate Ho. issued to William Brander, and a patent based thereon to the heirs of William Brander, dated January 16, 1877. The defendants claimed title to the land by virtue of a location made by F. Chenault on the 15th day of January, 1853, by…
1Opinion of the Court
Walker, P. J. Com. App.—
In a conflict of title arising out of two independent files and surveys upon the same land by virtue of different certificates or land claims, a patent issued to one of the claimants carries with it a prima facie right to the land in favor of the patentee, and it devolves upon the contestant of such right, claiming under the other file and survey, in order to rebut that presumption, that he shall clearly establish a prior or superior equitable right. Johnson v. Eldridge, 49 Tex., 507; Clements v. Eggleston, vol. 5, Law Journal, p. 19 (decided by Commissioners of…
2Cases cited8 opinions
- Galveston, H. & S. A. R. R. Co. v. DelahuntyTexas Supreme Court · 1880
- Johnson v. EldridgeTexas Supreme Court · 1878
- Portis v. HillTexas Supreme Court · 1868
- Houston v. PerryTexas Supreme Court · 1848
- Titus v. KimbroTexas Supreme Court · 1852
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3Cited by3 opinions
- Winsor v. O'ConnorTexas Supreme Court · 1888
- Hanover Fire Insurance v. Shrader & RogersCourt of Appeals of Texas · 1895
- Wehrly v. Humble Oil & Refining Co.Court of Appeals of Texas · 1933