Templeton v. Ferguson
Texas Supreme Court
Error to Court of Civil Appeals for First District, in an appeal from Harris County. This was an action in trespass to try title brought by heirs of J. B. Murphy, a soldier in Fannin’s command, for land patented under a bounty warrant issued to his heirs. The defendants claimed under an administrator’s sale of the warrant made in an administration in Harrisburg County, Texas. The plaintiffs recovered judgment in the District Court.
Read the full summary
Error to Court of Civil Appeals for First District, in an appeal from Harris County. This was an action in trespass to try title brought by heirs of J. B. Murphy, a soldier in Fannin’s command, for land patented under a bounty warrant issued to his heirs. The defendants claimed under an administrator’s sale of the warrant made in an administration in Harrisburg County, Texas. The plaintiffs recovered judgment in the District Court. On appeal the judgment was reversed and rendered for the defendants. The plaintiffs obtained a writ of error.
1Opinion of the Court
DEFTMAH, Associate Justice.
The evidence in the record shows: 1. That James B. Murphy came from Georgia to Texas as a soldier under Fannin; that he was a member of Captain Wadsworth’s company, and was killed at Goliad, while carrying a dispatch from Ward to Fannin, a few days before the Fannin massacre in 1836; that he “never located or lived in Texas only in the service under Fannin.”
2. That during the July term, 1837, of the Probate Court of Harrisburg County, Republic of Texas, Wynne and Lawrence, composed of Archibald Wynne and William Lawrence, representing themselves to be attorneys in…
2Cases cited5 opinions
- Crawford v. McDonaldTexas Supreme Court · 1895
- Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
- Clayton v. HurtTexas Supreme Court · 1895
- Brockenborough v. MeltonTexas Supreme Court · 1881
- Pleasants v. DunkinTexas Supreme Court · 1877
3Cited by91 opinions
- Cleveland v. WardTexas Supreme Court · 1926
- Austin Independent School District v. Sierra ClubTexas Supreme Court · 1973
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- Moore v. HanscomTexas Supreme Court · 1908
- Levy v. RoperTexas Supreme Court · 1923
86 more not listed; retrieve them via the Exa API.