Hearne v. Gillett
Texas Supreme Court
Appeal from Robertson. Tried below before the Hon. W. E. Collard. On May IS, 1880, Gillett brought this suit against Hearne and others, in the district court of Hamilton county, to recover an undivided interest of two thousand two hundred and eighty-nine acres out of the league of land patented to the heirs of Rhoda Kennedy, and situated in that county. By the agreement of the parties the venue was changed to Robertson county.
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Appeal from Robertson. Tried below before the Hon. W. E. Collard. On May IS, 1880, Gillett brought this suit against Hearne and others, in the district court of Hamilton county, to recover an undivided interest of two thousand two hundred and eighty-nine acres out of the league of land patented to the heirs of Rhoda Kennedy, and situated in that county. By the agreement of the parties the venue was changed to Robertson county. The defendants answered by general demurrer, general denial and not guilty. Hearne having acquired all the interest of his co-defendants, the suit was discontinued as…
1Opinion of the Court
Watts, J. Com. Apr.
An unlocated land certificate in this state is considered as personal property, and may be dealt with as such. Watkins v. Gilkerson, 10 Tex., 340; Evans v. Hardeman, 15 Tex., 480; Cox v. Bray, 28 Tex., 261; Stone v. Brown, 54 Tex., 334.
But after such certificate has been located it can no longer be considered as personalty, but is then merged into, and becomes part of, the realty.
In treating that question, Justice Moore, in Simpson v. Chapman, 45 Tex., 566, used the following language: “ But when it is located it loses this character. It then attaches with the land, and…
2Cases cited6 opinions
- Cox v. BrayTexas Supreme Court · 1866
- Simpson v. ChapmanTexas Supreme Court · 1876
- Watkins v. GilkersonTexas Supreme Court · 1853
- Shanks v. CarrollTexas Supreme Court · 1878
- Evans' Adm'r v. HardemanTexas Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Robertson v. Du BoseTexas Supreme Court · 1890
- Cheek v. MetzerTexas Supreme Court · 1927
- McCallister v. Texas Co.Court of Appeals of Texas · 1920
- Reconstruction Finance Corp. v. GossettTexas Supreme Court · 1938
- E. H. Perry & Co. v. LangbehnTexas Supreme Court · 1923
26 more not listed; retrieve them via the Exa API.