Legal Opinion

Rodgers v. Burchard

Texas Supreme Court

Decided July 1, 1871PublishedCited by 29 opinions

Error from Milam. Tried below before the Hon. R. E. B. Baylor. This cause was tried in the district court in the year 1860. The material facts are so clearly stated in the opinion of this court, that nothing remains to be added respecting them. A jury was waived in the court below, and the cause submitted to the court on the- facts as well as the law; and judgment was rendered for defendants, Burchard and others.

1Opinion of the CourtWalker, J.

This was-an action of trespass to try title, brought by appellant' against the appellees.

It appears that in September, 1835, one J. G. Gafford obtained a headright grant of a league of land from the government of Coahuila and Texas.

On the twelfth of January, 1836, he conveyed to William'H, Steele one-half of the league, and on the second of February of the same year Steele sold and conveyed, the half league to A. F. Burchard, the,- ancestor of the appellees.- Neither of these deeds were recorded.

*451J. 0. Gafford, in the same year, sold the northwest half -of his headlight league to Sumner Bacon,…

2Cases cited3 opinions

  1. Watkins v. EdwardsTexas Supreme Court · 1859
  2. Love v. JonesSupreme Court of Pennsylvania · 1835
  3. McCamant v. PattersonSupreme Court of Missouri · 1866

3Cited by29 opinions

  1. F. J. Harrison & Co. v. BoringTexas Supreme Court · 1875
  2. Taylor v. HarrisonTexas Supreme Court · 1877
  3. Milam County v. J. M. BatemanTexas Supreme Court · 1880
  4. Johnson v. WilliamsSupreme Court of Kansas · 1887
  5. Phoenix Title & Trust Co. v. Old Dominion Co.Arizona Supreme Court · 1927

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