Legal Opinion

Merriweather v. Kennard

Texas Supreme Court

Decided July 1, 1874PublishedCited by 12 opinions

Error from Johnson. Tried below before the Hon. Charles Soward. Trespass to try title, by M. J. Dixon and her husband, E. A. Dixon, claiming as sole heir of W. D. Merriweather, to recover 1,280 acres, the head-right of the ancestor, W. O. Merriweather.

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Error from Johnson. Tried below before the Hon. Charles Soward. Trespass to try title, by M. J. Dixon and her husband, E. A. Dixon, claiming as sole heir of W. D. Merriweather, to recover 1,280 acres, the head-right of the ancestor, W. O. Merriweather. By amended petition it was alleged that W. O. Merriweather emigrated to Texas in 1838 with his family, and settled in Austin county; that on August 2, 1838, he obtiained from the Board of Land Commissioners of Colorado county a conditional head-right certificate for 1,280 acres, and in 1841 died intestate, leaving little or no effects save the…

1Opinion of the CourtOgden, P. J.

There are but two questions presented by this record which require notice in order to the proper disposition of the case by this court, both of which, we think, have long since been finally and definitely settled, upon authority as well as sound reason, and we therefore do not propose to discuss either, further than to show that they are directly referable to decisions heretofore made.

The first question presented is, Was a conditional certificate, which issued to emigrants and settlers under the land law of 1837, and prior to the passage of the act of Jan., 1839, transferable by the grantee?…

2Cases cited3 opinions

  1. Withers v. PattersonTexas Supreme Court · 1864
  2. Graham v. HenryTexas Supreme Court · 1856
  3. Walters v. JewettTexas Supreme Court · 1866

3Cited by12 opinions

  1. Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
  2. Leonard v. Benfford Lumber Co.Texas Supreme Court · 1919
  3. H. & T. C. R. R. Co. v. MyersTexas Supreme Court · 1881
  4. Chapman v. BriteCourt of Appeals of Texas · 1893
  5. Burkett & Murphy v. ScarboroughTexas Supreme Court · 1883

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