Tom v. Sayers
Texas Supreme Court
Appeal from San Saba. Tried below before the Hon. A., W. Morsund. Suit by appellees against A. Tom, T. A. Sloan and W. H. Ellis, in trespass to try title, for a tract of land described in the petition of appellees as “six hundred and forty acres, patented to Eaymond & Smith, assignees of Wm. Gibbs.” Appellants answered: 1st. General demurrer. 2d. General denial and plea of not guilty. 3d.
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Appeal from San Saba. Tried below before the Hon. A., W. Morsund. Suit by appellees against A. Tom, T. A. Sloan and W. H. Ellis, in trespass to try title, for a tract of land described in the petition of appellees as “six hundred and forty acres, patented to Eaymond & Smith, assignees of Wm. Gibbs.” Appellants answered: 1st. General demurrer. 2d. General denial and plea of not guilty. 3d. That they were the owners in fee-simple of six hundred and forty acres of land granted to John Gibbs, which appeared on the official map of said county as survey No. 60, in the name of John Gibbs. That they…
1Opinion of the Court
Stayton, Associate Justice.
The land in controversy having been patented to Baymond & Smith as the assignees of John Gibbs, it was not necessary for the appellees in deraigning title, as against persons not showing a legal or equitable right to the certificate on which the patent issued, to go behind it. Hence, it was only necessary for the appellees to deraign title from Baymond & Smith, and the inquiry arises whether they have done so.
There are no bills of exception found in the record, and the statement of facts, made up and filed after the close of the term, simply shows that parts of the…
2Cases cited6 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- G., C. & Santa Fe R. R. Co. v. EddinsTexas Supreme Court · 1884
- Alexander v. MaverickTexas Supreme Court · 1856
- Martin v. WeymanTexas Supreme Court · 1863
- Lockett v. SchurenbergTexas Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Frost v. WolfTexas Supreme Court · 1890
- Heard v. VineyardTexas Commission of Appeals · 1919
- Unknown Heirs of Criswell v. RobbinsCourt of Appeals of Texas · 1912
- Buvens v. BrownTexas Supreme Court · 1929
- Louder v. SchluterTexas Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.