Morris v. Byers' Heirs
Texas Supreme Court
Appeal from Bowie. Lee Morris, one of the defendants, and the only one whose survey conflicted with the proposed survey of the plaintiffs, was a party to the proceeding before the Justice and six jurors, which was decided against Byers, and the location now claimed by him was a subsequent one, covering part of the land which in the former proceeding was not disputed to belong to Byers’ improvement. .The Surveyor’s office contained no evidence of any location or survey of…
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Appeal from Bowie. Lee Morris, one of the defendants, and the only one whose survey conflicted with the proposed survey of the plaintiffs, was a party to the proceeding before the Justice and six jurors, which was decided against Byers, and the location now claimed by him was a subsequent one, covering part of the land which in the former proceeding was not disputed to belong to Byers’ improvement. .The Surveyor’s office contained no evidence of any location or survey of Byers’ certificate.
1Opinion of the CourtLipscomb, J.
This suit was brought by the appellees, the heirs of Wesley Byers, to quiet title to certain lands claimed by the heirs, through their ancestor.
It appears from the record, that Wesley Byers, the ancestor, settled upon the land in question, in 1831, and continued in the peaceable possession thereof, with claim of title, until his death; which possession has continued peaceably and without interruption in the said heirs ever since, and that they had made improvements to the value of ten thousand dollars ; that Wesley Byers obtained a certificate of headright from the Board of Land Commissioners…
2Cited by3 opinions
- House v. TalbotTexas Supreme Court · 1879
- Magee v. ChadoinTexas Supreme Court · 1868
- Cassin v. O'SullivanTexas Supreme Court · 1884