Talbert v. Dull
Texas Supreme Court
Appeal from McMullen. Tried below before the Hon. D. P. Marr. Suit of trespass to try title by appellees to recover one undivided one-half of survey number three, section number six, in the name of Juan Ignacio Diaz, situated, in McMullen county,, Texas, and for partition. By_ a second amended answer filed March 28, 1887, the pleas of “not guilty,” the statutes of three, five and ten years limitation, stale demand and improvements were pleaded.
1Opinion of the Court
Gaines, Associate Justice.
This is an appeal from a judgment in favor of appellees against appellant, for the recovery of an undivided half interest in a tract of land patented by virtue of a certificate granted to Juan Ignacio Diaz. The patent issued July 25,1845, to S. H. Luckie and William McCraven, as assignees, and both parties claim under the patentees. Following the patent, appellees’ chain of title is as follows: First, a deed of partition between Luckie and McCraven, in which *677the land in controversy was conveyed to Luckie; second a deed from Luckie to H. W. Jernigan and James E.…
2Cases cited8 opinions
- Holmes v. CoryellTexas Supreme Court · 1883
- Commercial Bank of Buffalo v. . WarrenNew York Court of Appeals · 1857
- Howard v. ColquhounTexas Supreme Court · 1866
- Calumet & Chicago Canal & Dock Co. v. RussellIllinois Supreme Court · 1873
- Monroe v. ArledgeTexas Supreme Court · 1859
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3Cited by4 opinions
- Deace v. StriblingCourt of Appeals of Texas · 1940
- Rork v. ShieldsCourt of Appeals of Texas · 1897
- Thompson v. JohnsonTexas Supreme Court · 1898
- Allen v. HalstedCourt of Appeals of Texas · 1905