Alford v. McDonald
Texas Commission of Appeals
Appeal from McLennan county. Opinion by Quinan, J. Statement.— This is an action of trespass to try title instituted 13th of July, 1870, by plaintiff (appellant), administrator of G. G. Alford, deceased, and the heirs of deceased, to recover of McDonald nine hundred and sixty acres of land in McLennan county, patented to the heirs of G. G. Alford, deceased.
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Appeal from McLennan county. Opinion by Quinan, J. Statement.— This is an action of trespass to try title instituted 13th of July, 1870, by plaintiff (appellant), administrator of G. G. Alford, deceased, and the heirs of deceased, to recover of McDonald nine hundred and sixty acres of land in McLennan county, patented to the heirs of G. G. Alford, deceased. The case substantially set out in the pleadings of the defendants, and very clearly established upon the trial, ivas, so far as it is material to the controversy, as follows: In the year 1852 Joseph Inman was the owner of two certificates…
1Opinion of the Court
Opinion.—From this statement of the. case it appears manifest to us that these assignments are not well taken, and that there is no error in the judgment. By the delivery of the two certificates, Wos. 353 and 358, to the surveyor for location, and the actual survey under them, for him, by the surveyor of the one thousand two hundred and eighty acres in one body, Inman acquired an inchoate right to the land. It was a valid appropriation of it, capable of being carried into a patent. So, also, by the location and survey of the other six hundred and forty acres for the estate of Alford, that…
2Cases cited4 opinions
- Doswell v. De La LanzaSupreme Court of the United States · 1858
- Hamilton v. AveryTexas Supreme Court · 1857
- Ward v. ConnerTexas Supreme Court · 1870
- Coleman v. WoolleyCourt of Appeals of Kentucky · 1835