Newsom v. Davis
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit commenced February 11th, 1856, by the heirs of N. M. Newsom, deceased, against M. M. Davis and Felix Chenault, to recover a certain tract of 1280 acres of land. It appeared from a copy of the patent, which was made a part of the petition, that the land was patented to N. M. Newsom, assignee of Thomas Casey, and situated in Gonzales county, south of the Guadalupe river.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Suit commenced February 11th, 1856, by the heirs of N. M. Newsom, deceased, against M. M. Davis and Felix Chenault, to recover a certain tract of 1280 acres of land. It appeared from a copy of the patent, which was made a part of the petition, that the land was patented to N. M. Newsom, assignee of Thomas Casey, and situated in Gonzales county, south of the Guadalupe river. The patent was issued February 7th, 1846. The petition alleged that said Newsom died in Texas, intestate, in or about the year 184-, and that he left…
1Opinion of the CourtWheeler, J.
The objection taken by the plaintiffs, to the admission in evidence of the bond for title; that is, that it does not describe the land claimed by the plaintiffs, clearly is not tenable. It describes the land sold, and contracted to be conveyed, by the name of the grantee, and of the plaintiffs’ ancestor as assignee, the quantity of land, and the county in which it is situated, so as certainly to identify it as the land described in the patent under which the plaintiffs claim. The mere fact that in the bond, it is spoken of as being “ on the west side,” and in the patent as situated “ south of…
2Cited by6 opinions
- Mondragon v. MondragonTexas Supreme Court · 1923
- Gilmore v. O'NeilTexas Supreme Court · 1915
- Leverett v. LeverettCourt of Appeals of Texas · 1933
- Elliott v. MitchellTexas Supreme Court · 1877
- Terry v. BaskinTexas Commission of Appeals · 1932
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