McCamant v. Roberts
Texas Supreme Court
Appeal from Jones. Tried below before the Hon. Wm. Kennedy. This was an action of trespass to try title. The petition of M. D. Roberts, filed August 23, 1883, asserted title to one-third of a league of land in Jones county, it being the site of Old Fort Phantom Hill. The answer of defendants contained a plea of “not guilty,” and a special plea setting forth their title.
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Appeal from Jones. Tried below before the Hon. Wm. Kennedy. This was an action of trespass to try title. The petition of M. D. Roberts, filed August 23, 1883, asserted title to one-third of a league of land in Jones county, it being the site of Old Fort Phantom Hill. The answer of defendants contained a plea of “not guilty,” and a special plea setting forth their title. The trial resulted in a verdict and judgment for plaintiffi The facts are stated in the opinion of the court.
1Opinion of the Court
Stayton, Associate Justice.
The land in controversy was patented to William T. Evans, on December 11, 1861, and through a person of that name, who testified that he was the person to whom the certificate issued on which the land was granted, the appellants claim by a deed executed April 23, 1883.
The appellee claims the land through a deed made to him by W B. Baker, dated October 11, 1882. Baker claimed to be the owner of the land certificate on which the grant was made through conveyances made by several persons down to himself, all of which, except the conveyance claimed to have been made by…
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