Legal Opinion

Fishback v. Young

Texas Supreme Court

Decided July 1, 1857PublishedCited by 9 opinions

Error from Red River. Tried below before the Hon. William S. Todd. This suit was commenced May 12th, 1855. Notice of the application for partition by Young and wife, in 1841, was served on Elizabeth Fishback, one of the plaintiffs, on Philip Cornelius, another of the heirs, and on a guardian ad litem who had been appointed by the Court for the other heir, who was a minor.

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Error from Red River. Tried below before the Hon. William S. Todd. This suit was commenced May 12th, 1855. Notice of the application for partition by Young and wife, in 1841, was served on Elizabeth Fishback, one of the plaintiffs, on Philip Cornelius, another of the heirs, and on a guardian ad litem who had been appointed by the Court for the other heir, who was a minor. It appeared from the patent, which was issued in. 1848, to “ the heirs of Daniel Cornelius,” that the head right certificate had been issued by the Board of Land Commissioners of Red River county, on the 1st March, 1838, to…

1Opinion of the Court

Hemphill, Ch. J.

Daniel Cornelius settled in Texas in 1831, with his family, consisting of three children; one of them, viz: Elizabeth—either then or subsequently intermarried with Isaac H. Fishback—and his wife Mary, now Mary Young. Daniel Cornelius died in 1832. His widow, said Mary, was married to George S. Young in 1835. On the opening of the Land Office, a certificate for a league and labor was issued to George S. Young, as head of a family, and a certificate for like quantity was issued to the heirs of Daniel Cornelius deceased. The latter certificate was located in two tracts, one…

2Cited by9 opinions

  1. Guilford v. LoveTexas Supreme Court · 1878
  2. Boone v. HulseyTexas Supreme Court · 1888
  3. Cagle v. Sabine Valley Timber & Lumber Co.Texas Supreme Court · 1918
  4. Baldwin v. RobertsCourt of Appeals of Texas · 1896
  5. Strickland, Admr v. Sandmeyer, Admrx.Court of Appeals of Texas · 1899

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