Legal Opinion

Berry v. Donley

Texas Supreme Court

Decided July 1, 1863PublishedCited by 38 opinions

Error from Cherokee. Tried below, before Hon. Charles A. Frazer. Stockton P. Donley and James M. Anderson, defendants in error, brought suit in the District Court of Cherokee county on the 4th day of February, 1857, alleging that they were the legal and rightful owners of an undivid^l interest in and to six hundred and forty acres of land to be selected by them out of the north half of a certain half league of land situated in the county of Cherokee, which league of land is…

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Error from Cherokee. Tried below, before Hon. Charles A. Frazer. Stockton P. Donley and James M. Anderson, defendants in error, brought suit in the District Court of Cherokee county on the 4th day of February, 1857, alleging that they were the legal and rightful owners of an undivid^l interest in and to six hundred and forty acres of land to be selected by them out of the north half of a certain half league of land situated in the county of Cherokee, which league of land is known and designated upon the plot and map of said county as the Záccheus Gibbs league; that the six hundred and forty…

1Opinion of the CourtMoore, J.

The main questions in this case arise upon the ruling of the court below sustaining the plaintiffs’ exceptions, and striking out so much of the answer of the defendants below as alleged constructive notice of their title by the plaintiffs and intervenor, by reason of their possession of the land claimed by them, or from the reference to the title under which they claimed in other deeds duly executed by Mrs. Allen, and properly recorded previous to her sales to the plaintiffs and interveners; and also to so much of said answers as set up and rely upon the statute of limitations of three and…

2Cases cited6 opinions

  1. Watkins v. EdwardsTexas Supreme Court · 1859
  2. Butler v. BuckinghamSupreme Court of Connecticut · 1813
  3. Gill & Simpson v. Fauntleroy's HeirsCourt of Appeals of Kentucky · 1847
  4. Cravens v. BoothTexas Supreme Court · 1852
  5. Knowles v. McCamlyNew York Court of Chancery · 1843

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Red River National Bank v. FergusonTexas Supreme Court · 1918
  2. Schleicher, Admr. v. GatlinTexas Supreme Court · 1892
  3. Cole v. BammelTexas Supreme Court · 1884
  4. Miller v. Texas & Pacific Railway Co.Supreme Court of the United States · 1890
  5. T. & P. R'y Co. v. DurrettTexas Supreme Court · 1882

33 more not listed; retrieve them via the Exa API.

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