Bradford v. Hamilton
Texas Supreme Court
Appeal from Williamson. This suit was instituted by the appellee, on the 7th day of September, 1819, to recover a tract of land described in the petition, and claimed by the plaintiff by virtue of a certificate located and surveyed.
Read the full summary
Appeal from Williamson. This suit was instituted by the appellee, on the 7th day of September, 1819, to recover a tract of land described in the petition, and claimed by the plaintiff by virtue of a certificate located and surveyed. The defendants, ih their answer, alleged that (he same lands had been previously located and surveyed for themselves by virtue of a certificate of which they are owners; that the plaintiff fraudulently obtained possession of the defendants’ certificate and field-notes before the same were returned by the surveyor to the proper office and recorded; that lie for a…
1Opinion of the CourtWhbelbb, J.
The evidence of title offered by. the plaintiff appeared to have been acquired after the commencement of the suit. It was therefore rightly rejected. There was no evidence that the plaintiff had any right whatever at the time of bringing his action, and it is quite too clear for argument that ho could not maintain a suit commenced without'any color of title by evidence of a title subsequently acquired.
The only question in the case which requires to be considered is, liad the plaintiff a right to terminate the suit by taking a nonsuit, and thus putting the defendants out of court after the…
2Cases cited1 opinion
- Smalley v. LawrenceSupreme Court of Louisiana · 1844
3Cited by20 opinions
- Harris v. SchlinkeTexas Supreme Court · 1901
- Short v. HepburnTexas Supreme Court · 1896
- Davis v. Wichita State Bank & Trust Co.Court of Appeals of Texas · 1926
- City of Dallas v. RutledgeCourt of Appeals of Texas · 1924
- Morris v. AndersonCourt of Appeals of Texas · 1912
15 more not listed; retrieve them via the Exa API.