Leonard v. Benfford Lumber Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Ninth District, in an appeal from Polk County. Leonard brought trespass to try title against the Benford Lumb. Co. and others. Judgment was for defendants and plaintiff appealed. The judgment of the trial court was affirmed, 181 S. W., 797. Appellant thereupon procured writ of error.
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Error to the Court of Civil Appeals for the Ninth District, in an appeal from Polk County. Leonard brought trespass to try title against the Benford Lumb. Co. and others. Judgment was for defendants and plaintiff appealed. The judgment of the trial court was affirmed, 181 S. W., 797. Appellant thereupon procured writ of error. The case was referred to the Commission of Appeals, Section B, where it was recommended that the judgment be reversed in part and rendered in' favor of plaintiff in error for one-eighth only of the land in controversy; but a dissenting opinion recommended that it be…
1Opinion of the CourtJustice Greenwood
This was an action of trespass to try title, brought by plaintiff in error, R. L. Leonard, against defendants in error, Benford Lumber Company et al.
The land in controversy was 221 acres in Trinity County, which was originally located, on May 6, 1860, by virtue of a donation certificate issued to Lewis Cox.
By a decree of partition of the District Court of Walker County, between the heirs of the estate of Lewis Cox, in 1856, the certificate was allotted to Minerva I. Roe.
On July 15, 1857, Minerva I. Roe and husband conveyed to James C. Dunlap, the donation certificate, it being shown on the…
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