Legal Opinion

Greenwade v. Walling

Texas Supreme Court

Decided October 15, 1867Published

Appeal from Bosque. The - case was tried before Hon. Egbert E. B. Baylor, one of the district judges. This was a suit commenced by the appellees in the court below, for title to the league of land granted to Ann Wheelock, now Ann Walling.

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Appeal from Bosque. The - case was tried before Hon. Egbert E. B. Baylor, one of the district judges. This was a suit commenced by the appellees in the court below, for title to the league of land granted to Ann Wheelock, now Ann Walling. After the suit had been progressing for some time, the defendant disclaimed as to the north half of the league, and claimed title to the south half, by virtue of a deed from Ann Walling and Jesse Walling to Lousey Jane Barton and James M. Barton, and from James M. Barton to J. M. Stiner, and from Stiner to the defendant. And the plaintiffs disclaimed as to…

1Opinion of the CourtMorrill, C. J.

This suit is for a league of land on the Brazos, in McLennan county.

During the progress of the cause there were a number of changes made, both as to parties and the object of the suit.

The controversy finally was as to the south half of the league of land, and it was decided that plaintiff in error was entitled to one-fourth of the same and defendants in error to the other three-fourths.

The first error assigned is that, 1. The court erred in excluding the evidence of James Barton. We have looked through the record of upwards of one hundred pages, and have found on page 72 of the record a…

2Cases cited2 opinions

  1. Stephens v. Heirs of BowermanTexas Supreme Court · 1863
  2. Portis v. CochraneTexas Supreme Court · 1846

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