Schaeffer v. Berry
Texas Supreme Court
Appeal from Nueces. Tried before the Hon. C. S. West, Special Judge, without a jury. This case having been tried in the court below before the Hon. C. S. West, and the Hon. J. W. Stayton having been of counsel, on appeal the same was heard before the chief justice and the Hon. F. Chas. Hume and Hon. Robt. G. Street, special judges. The facts of the case are sufficiently stated in the opinion.
1Opinion of the Court
Street, Special Judge.
On April 24, 1876, H. W. Berry, as executor of the estate of H. L. Kinney, brought this suit against F. W. Schaeffer, John McClane, E. R. Oliver and Mifflin Kennedy in the statutory form of an action of trespass to try the title to certain lands occupied and claimed by the defendants and alleged to be within the grant of the state of Tamaulipas to Enrique Villareal, commonly known as theBincon del Oso, made November 16, *7071831. Lucien Birdsey was afterwards admitted on his plea in intervention as co-plaintiff, and the suit was dismissed as to Kennedy.
By amended…
2Cases cited2 opinions
- Anderson v. StampsTexas Supreme Court · 1857
- Phillips v. AyresTexas Supreme Court · 1876
3Cited by14 opinions
- State of Texas v. BalliTexas Supreme Court · 1944
- Reast v. DonaldTexas Supreme Court · 1892
- Harris v. O'ConnorCourt of Appeals of Texas · 1944
- Dunn v. LandCourt of Appeals of Texas · 1917
- Riley v. BurroughsNebraska Supreme Court · 1894
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