Legal Opinion

Phillips v. Moore

Supreme Court of the United States

Decided December 22, 1879No. 54PublishedCited by 38 opinions

Error to tbe Circuit Court of tbe United States for tbe Eastern District of Texas. Tbis was an action by Moore against Phillips and Hancock to recover possession of a tract of land in Texas. There was a finding and judgment against tbe defendants, who thereupon sued out tbis writ of error. Tbe facts are stated in the opinion of the court.

1Opinion of the CourtJustice Field

This is an action to recover the possession of one-fourth of a league of land, situated in the county of Wharton, in the State of Texas. , The plaintiff claims the land under a grant of the State of Coahuilá and Texas, made in April, 1833, to one John Dinsmore, a colonist, under the contract with the Empresario Stephen Austin. The defendants assert title to it under a previous grant from that State, made in August, 1824, to one Bartlett Sims, a similar, colonist. No question is raised as to the genuineness or validity of this grant to Sims, which was for one league; but, in May, 1828, he sold…

2Cases cited2 opinions

  1. Kearney v. CaseSupreme Court of the United States · 1871
  2. Heirs of Holliman v. PeeblesTexas Supreme Court · 1846

3Cited by38 opinions

  1. Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
  2. Terrace v. ThompsonSupreme Court of the United States · 1923
  3. Fritts v. PalmerSupreme Court of the United States · 1889
  4. Hamilton v. BrownSupreme Court of the United States · 1896
  5. Hanrick v. PatrickSupreme Court of the United States · 1886

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