Morton v. Welborn
Texas Supreme Court
Error from Red River. Tried below before Hon. W. S. Todd. Suit instituted by plaintiffs in error against C. C. Welborn and E. Rainey for ten 847-100,165-100 labors of land patented to the heirs of John Morton, deceased, as assignee of E. Bruton. The defendant, C. C. Welborn, claimed 320 acres by deed from Charles Welborn, and the heirs of Charles Welborn (who were made defendants) claimed 320 acres by bond from Wm.
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Error from Red River. Tried below before Hon. W. S. Todd. Suit instituted by plaintiffs in error against C. C. Welborn and E. Rainey for ten 847-100,165-100 labors of land patented to the heirs of John Morton, deceased, as assignee of E. Bruton. The defendant, C. C. Welborn, claimed 320 acres by deed from Charles Welborn, and the heirs of Charles Welborn (who were made defendants) claimed 320 acres by bond from Wm. M. Harrison for 640 acres, including said two tracts of 820 acres. And defendant, E. Raney, claimed 640 acres by bond from said Harrison to D. Raney. The defendants called in said…
1Opinion of the CourtWheelee, J.
The ruling of the Court, admitting the deposition of the witness Sims to prove the date of the original survey for Morton, we do not think material. The return upon the execution, and the Sheriff’s deed, show that the land was levied on and sold as the prpperty of the plaintiffs’ ancestor, held by virtue of a location and survey made for him upon the same certificate, upon which the patent issued under which *774they claim. It thus sufficiently appears that the title conveyed by the Sheriff's sale and deed is the same now sought to be made the basis of a recovery by the plaintiffs. The sale, if…
2Cited by10 opinions
- Northcraft v. OliverTexas Supreme Court · 1889
- French v. GrenetTexas Supreme Court · 1881
- Harle v. Langdon's HeirsTexas Supreme Court · 1883
- Halsey v. JonesTexas Supreme Court · 1893
- De Guerra v. De GonzalezCourt of Appeals of Texas · 1921
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