Sartain v. Hamilton
Texas Supreme Court
Appeal from Rusk. This is a suit for the recovery of three hundred and twenty acres of land, claimed by the plaintiff, under a patent to one Washington O’Hair. The defendant claimed under a survey, to one Elizabeth Jones, and had settled upon the tract, having erected some buildings, and cleared and cultivated fifteen or twenty acres of the land.
Read the full summary
Appeal from Rusk. This is a suit for the recovery of three hundred and twenty acres of land, claimed by the plaintiff, under a patent to one Washington O’Hair. The defendant claimed under a survey, to one Elizabeth Jones, and had settled upon the tract, having erected some buildings, and cleared and cultivated fifteen or twenty acres of the land. One witness testified that he went with defendant to show him the tract of land, that defendant said was surveyed for Mrs. Jones, and he informed defendant that the land had been surveyed for one Hines, who sold his right to O’Hair. Another witness…
1Opinion of the Court
Hemphill, Ch. J.
The instruction, asked for by defendant, does not embrace any very intelligible proposition, and on that ground it might have been rejected by the Court; but it may have meant, that if defendant believed the land on which he settled to be within the survey of Mrs. Jones, and not in that of the plaintiff, he is entitled to compensation for his improvements, and if such was the proposition it will be seen that there was no error in its refusal by the Court.
The suggestion of improvements by defendant, and his claim to them, is founded upon the statutes allowing compensation for…
2Cited by22 opinions
- Stanolind Oil & Gas Co. v. LoganCourt of Appeals for the Fifth Circuit · 1937
- Dorn v. DunhamTexas Supreme Court · 1859
- Hutchins v. BaconTexas Supreme Court · 1877
- Wood v. CahillCourt of Appeals of Texas · 1899
- Benz v. City of St. PaulSupreme Court of Minnesota · 1903
17 more not listed; retrieve them via the Exa API.