Wyllie v. Wynne
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding. Jones. This suit was instituted by appellant against appellees on the 12th March, 1855, for the purpose of trying the title to 2560-acres of land in Gonzales county.
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Appeal from Gonzales. Tried below before the Hon. Fielding. Jones. This suit was instituted by appellant against appellees on the 12th March, 1855, for the purpose of trying the title to 2560-acres of land in Gonzales county. The plaintiff claimed under four pieces of land scrip for 640 acres each, issued to John Withers by Sam Houston, President of the Republic of Texas, on the 12th day of December, 1836. On the 1st day of June, 1840, W. D. Wallock, who signed simply as “ agent,” filed this scrip and other scrip and certificates amounting in all to 4480 acres, with the County Surveyor of…
1Opinion of the CourtBell, J.
We are of opinion that the court below erred in excluding the testimony offered by the plaintiff, and also in the instructions given to the jury. The testimony in the case does not disclose the particular circumstances under which the file was made by W. D. Wallock with the County Surveyor of Gonzales county. The land scrip in question was issued to John Withers, and there does not appear to have been any assignment or transfer of the scrip previous to June, 1840, when the file was made. The file is signed by “W. D. Wallock, agent,” and it maybe presumed that he acted, in making the file, as…
2Cases cited1 opinion
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3Cited by7 opinions
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