Spier v. Laman
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. George W. Smith. The appellant .brought an action of trespass to try title, in the District Court of Burnet county, to recover the south half of his headlight league of land, situated in Burnet county, and described by metes and bounds. The original petition was filed on the 20th day of January, 1857, and is in the usual form.
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Appeal from Travis. Tried below before the Hon. George W. Smith. The appellant .brought an action of trespass to try title, in the District Court of Burnet county, to recover the south half of his headlight league of land, situated in Burnet county, and described by metes and bounds. The original petition was filed on the 20th day of January, 1857, and is in the usual form. At the Spring Term of the court following, the defendant moved the court for a change of venue, because the presiding judge had been of counsel in a branch of this cause, which was, granted, and the cause was transferred…
1Opinion of the CourtMoore, J.
The right of the appellee Laman to acquire three hundred and twenty acres of land as a pre-emptor, by virtue of *215his settlement in 1853, and subsequent affidavit and survey, has been fully established by a former decision of this court. (Jennings v. De Cordova, 20 Tex., 512.) We see no reason to question the correctness of that decision. The point is, consequently, not regarded as a matter for discussion.
The fact of Laman having purchased under Spier’s title, did not preclude him, when he ascertained that this title was worthless, and that the land was a part of the public domain, from…
2Cases cited1 opinion
- Cravens v. BrookeTexas Supreme Court · 1856
3Cited by8 opinions
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