Legal Opinion

Kirby v. Conn

Texas Supreme Court

Decided May 28, 1919No. 2574PublishedCited by 3 opinions

Error to the Court of Civil Appeals from the Seventh District, in an appeal from Jasper County. Conn sued Kirby and others for recovery of land and obtained judgment: Defendant appealed, and an affirmance (156 S. W., 232) obtained writ of error.

1Opinion of the CourtChief Justice Phillips

In 1904, under the Act of 1901, R. C. Conn was by the Commissioner of the General Land Office awarded the timber upon the north quarter of a section of public land.' A timber deed in his favor was duly executed and delivered.

In 1889, A. V. Wright applied to the Commissioner to purchase the south three-quarters of the same section. His application was accepted, and upon his complying with the- law, in 1906 a patent was issued him. The patent, while describing the land in accordance with Wright’s application and award, embraced within its field notes 98.97 acres of the land described in Conn’s…

2Cases cited1 opinion

  1. Wing v. DunnCourt of Appeals of Texas · 1910

3Cited by3 opinions

  1. Caples v. ColeTexas Supreme Court · 1937
  2. Caples v. ColeTexas Supreme Court · 1937
  3. State v. SneedCourt of Appeals of Texas · 1944

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