Andrews v. Smithwick
Texas Supreme Court
Appeal from Burnett. Tried below before the Hon. Edward H. Yon tress. Suit commenced April 3d, 1855, by appellant against appellee, to recover a bounty warrant for 1280 acres of land, or its value.
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Appeal from Burnett. Tried below before the Hon. Edward H. Yon tress. Suit commenced April 3d, 1855, by appellant against appellee, to recover a bounty warrant for 1280 acres of land, or its value. The petition alleged that the defendant was the owner, in 1839, of a discharge from twelve months’ service, which entitled him to a bounty warrant for 1280 acres of land; that in same year he sold said discharge, and assigned all his rights thereunder to one Richard Young; that in same year Jesse Billingsley purchased same at a Sheriff's sale, under execution against said Young; that in same year…
1Opinion of the CourtWheeler, J.
It is not deemed necessary to revise the several . instructions given at the instance of the defendant, and assigned as error. They certainly do not all consist with the charge of the Court, and might well have been refused as not warranted by the evidence. The oi’der of the 15th of March, 1852, is prima facie evidence, as between the plaintiff and defendant, that the former was the owner of the certificate. It empowered him to demand and have the certificate issued to himself as the defendant’s assignee. Taken in connection with the testimony of the witness Billingsley, not objected to nor…
2Cited by12 opinions
- Texas & Pacific Railway Co. v. McCoyTexas Supreme Court · 1896
- P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
- Cook v. DennisTexas Supreme Court · 1884
- Comminge & Geisler v. StevensonTexas Supreme Court · 1890
- Barker v. SwensonTexas Supreme Court · 1886
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