McLamore v. Heffner
Texas Supreme Court
Error from Panola. Tried below before the Hon. J. B. Williamson. This suit was brought in 1856, by Matthew Brinson, the testator of the plaintiff in error, against James Heffner, who was the administrator of Joshua T. Gill, who in his lifetime was engaged in the business of locating lands for other persons.
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Error from Panola. Tried below before the Hon. J. B. Williamson. This suit was brought in 1856, by Matthew Brinson, the testator of the plaintiff in error, against James Heffner, who was the administrator of Joshua T. Gill, who in his lifetime was engaged in the business of locating lands for other persons. In 1845 and 1848, Brinson delivered to Gill several land certificates, for location “ on the shares,” but only two hundred acres, under one of them, were located and patented in Gill’s lifetime. The unlocated certificates passed into the hands of Heffner, his administrator, who refused to…
1Opinion of the CourtLindsay, J.
The action in this case was- instituted for the recovery of unlocated certificates for land; which certificates had been delivered by the- testator of the plaintiff in error to the intestate of the defendant in error under a written contract, that *516the bailee of the certificates was to locate the land, paying all expenses, and to receive for such services a stipulated portion of the land, when they were so located. A portion of the land called for in one of the certificates was located by the bailee in his life time. Nothing was done in locating the residue of this certificate, nor was any…
2Cited by1 opinion
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