Hill v. Kerr
Texas Supreme Court
Appeal from Clay. Tried below before Hon. P. M. Stine. This was an action of trespass to try title, brought December 16, 1887,. in the District Court of Clay County by George W. Hill, appellant, againstajopellees to recover 2043 acres of land in Clay County, located by virtue-of headright certificate No. -fir issued to the heirs of Eliza A. Farris for one league and one labor of land. The plaintiff relied upon a location and survey under this certificate and owership of it.
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Appeal from Clay. Tried below before Hon. P. M. Stine. This was an action of trespass to try title, brought December 16, 1887,. in the District Court of Clay County by George W. Hill, appellant, againstajopellees to recover 2043 acres of land in Clay County, located by virtue-of headright certificate No. -fir issued to the heirs of Eliza A. Farris for one league and one labor of land. The plaintiff relied upon a location and survey under this certificate and owership of it. The defendants, pleading general denial, relied (1) upon the failure of' appellants to show a valid certificate; (2)…
1Opinion of the Court
GAINES, Associate Justice.
The appellant brought this action in the court below to recover a tract of land located and surveyed upon a certificate granted by virtue of a special act of the Legislature to the heirs of Eliza A. Farris. The land was originally surveyed in 1860, and the certificate and field notes promptly returned to the General Land Office.
The land has never been patented by virtue of this survey. The appellees claim under patents issued upon junior locations. If appellant’s location and survey have not been forfeited he has the better title. The appellees claim that the…
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