O'Neal v. Lockhart
Texas Commission of Appeals
Appeal from Comanche county. Opinion by Watts, J. Statement.— This suit was commenced December 23, 1873, by Peyton Lockhart, Dinah Hope, Fred Douglass, Eeese Sloan and Moses Jones, against G. E. O’Neal and S. M. Sowell, to recover five separate and distinct tracts of land claimed respectively by the plaintiffs as their preemption surveys.
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Appeal from Comanche county. Opinion by Watts, J. Statement.— This suit was commenced December 23, 1873, by Peyton Lockhart, Dinah Hope, Fred Douglass, Eeese Sloan and Moses Jones, against G. E. O’Neal and S. M. Sowell, to recover five separate and distinct tracts of land claimed respectively by the plaintiffs as their preemption surveys. It is alleged in the petition that each of the plaintiffs had settled upon vacant public domain; that each of them had caused his one hundred and sixty acres to be surveyed and the field-notes recorded and copies thereof to be filed in the general land…
1Opinion of the Court
Opinion.— The allegations in the petition affirmatively show that there was no priority of right or claim between the several appellees with reference to the subject-matter of the litigation. Each of them claimed to be the owner of his one hundred and sixty acre pre-emption survey; neither asserted nor claimed any right or interest in the other surveys; no community of interest in the several tracts of land was claimed; on the contrary, it appears that no such interest had ever existed.
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*599The question was not raised by special exceptions. Appellants’ general demurrer and special exceptions…
2Cases cited2 opinions
- Cornelius v. BurfordTexas Supreme Court · 1866
- Punchard v. DelkTexas Supreme Court · 1881
3Cited by1 opinion
- Clegg v. Temple Lumber Co.Court of Appeals of Texas · 1917