Franklin v. Kesler
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Peter W. Gray. This was an action of trespass to try title, brought by Charles Kesler against Benjamin 0. Franklin for the recovery of a lot on Galveston island, known on the map of the island as lot Ho. 530, in section number one, of the government surveys, consisting of twelve acres more or less. The case was submitted to the decision of the presiding judge on the facts as agreed to.
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Appeal from Galveston. Tried below before the Hon. Peter W. Gray. This was an action of trespass to try title, brought by Charles Kesler against Benjamin 0. Franklin for the recovery of a lot on Galveston island, known on the map of the island as lot Ho. 530, in section number one, of the government surveys, consisting of twelve acres more or less. The case was submitted to the decision of the presiding judge on the facts as agreed to. The plaintiff claimed title under a patent from the government in 1845, issued to him for the tract, based upon the following facts, to wit: Robert Walker bid…
1Opinion of the CourtBell, J.
The most important questions which are presented to our consideration in this case, were fully considered in the case of the State v. Delesdenier, 7 Tex., page 76. After a careful review of the opinion of the court in that case, we can see no sufficient reason for withholding our approbation from the views expressed in it. The special judge who delivered the opinion of the court in the case referred to, discussed the rights of the holders of the Bryan scrip, the validity of the patent issued to Jones and Hall, and the proper construction to be given to the latter clause of the 89th section of…
2Cited by6 opinions
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- Roberts v. TerrellTexas Supreme Court · 1908
- Severance v. PattersonTexas Supreme Court · 2011
- Franklin v. TiernanTexas Supreme Court · 1882
- Carol Severance v. Jerry Patterson, Commissioner of the Texas General Land Office Greg Abbott, Attorney General for the State of Texas And Kurt Sistrunk, District Attorney for the County of Galveston, TexasTexas Supreme Court · 2010
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