Stover v. Garvin
Texas Supreme Court
Error from Ellis. Tried before the Hon. Nat. M. Burforcl. This case has heretofore been before this conrt on appeal. (Benjamin Garvin’s Adm’rs v. John Stover, 17 Tex. Rep. 292.) Suit for land in Peters’ colony; and the controversy was on the priority of settlement; in which the main question was, whether the plaintiff in error, who was plaintiff in the court below, had or had not abandoned his first settlement, on which he claimed the right of preference.
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Error from Ellis. Tried before the Hon. Nat. M. Burforcl. This case has heretofore been before this conrt on appeal. (Benjamin Garvin’s Adm’rs v. John Stover, 17 Tex. Rep. 292.) Suit for land in Peters’ colony; and the controversy was on the priority of settlement; in which the main question was, whether the plaintiff in error, who was plaintiff in the court below, had or had not abandoned his first settlement, on which he claimed the right of preference. The plaintiff settled on the land in controversy in the year 1845, erected thereon a small cabin, and fenced and cultivated a field of…
1Opinion of the Court
Wheeler, Ch. J.
It is not perceived that the evidence differs in any respect which is material from that given upon a former trial; which was held insufficient, when the case was before the court on a former appeal, to entitle the plaintiff to a recovery. (17 Tex. Rep. 292.)
The difficulty which the plaintiff has to encounter in the maintenance of his claim is, that at the date of the passage of the *12Act of the 21st of January, 1850, (Hart. Dig. 682,) he had not a subsisting settlement or improvement upon the land; consequently, the act gave him no right to claim this particular sec-' tion, in…
2Cases cited1 opinion
- Garvin v. StoverTexas Supreme Court · 1856
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