Legal Opinion

Herndon v. Davenport

Court of Appeals of Texas

Decided December 6, 1889No. 2857PublishedCited by 14 opinions

Appeal from Ellis. Tried below before Hon. Anson Rainey. The opinion states the case.

1Opinion of the Court

STAYTON, Chief Justice.

Appellants brought this action to recover 171 acres of land, patented to them as the heirs of John H. Herndon, by patent issued December 6, 1887.

*463The defendants claim by regular chain of transfer from A. 0. McCartney, to whom it is claimed that John H. Herndon sold the land certificate by virtue of which the land was patented.

Plaintiffs introduced the patent, proved that John H. Herndon died in July, 1879, and that they were his heirs.

On behalf of defendants it was proved that the land in controversy was located by virtue of William Habers certificate Ho. 3116, issued…

2Cases cited1 opinion

  1. Jones v. PyronTexas Supreme Court · 1882

3Cited by14 opinions

  1. People v. HessIllinois Supreme Court · 1955
  2. Fowler v. AgnewCourt of Appeals of Texas · 1906
  3. Lochridge v. CorbettCourt of Appeals of Texas · 1903
  4. White v. McCulloughCourt of Appeals of Texas · 1909
  5. Hill v. SmithCourt of Appeals of Texas · 1894

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