Howard v. Perry
Texas Supreme Court
Appeal from Fayette. This suit was brought by the appellants, in 1S40, to recover of one Hicks, who was in possession, a league of Jancl, claimed by the plaintiffs, in right of the wife as heir of John nibbins. The appellee, Perry, •under whom Hicks was in possession, defended. The plaintiffs claimed that in 1834 and 1835, John Ilibbins petitioned for and had surveyed the league of laud in question; and that it was granted to him as a colonist in Austin’s colony.
Read the full summary
Appeal from Fayette. This suit was brought by the appellants, in 1S40, to recover of one Hicks, who was in possession, a league of Jancl, claimed by the plaintiffs, in right of the wife as heir of John nibbins. The appellee, Perry, •under whom Hicks was in possession, defended. The plaintiffs claimed that in 1834 and 1835, John Ilibbins petitioned for and had surveyed the league of laud in question; and that it was granted to him as a colonist in Austin’s colony. The defendant claimed title to the land by virtue of' the hoadright certificate of Luke Prensall, for one league of land, issued by…
1Opinion of the CourtWheeler, J.
A question of the admissibility of evidence is presented, which may be disposed of before proceeding to consider the merits of the case.
It is objected to the admissibility in evidence of the copy of the defendant’s certificate and field notes from the General Land Office, that they are attested by the chief clerk, and not by the commissioner.
The act of the 14th of December, 1837, section 3, (Hart. Dig., art. 1839.) provides that, in the absence of the Commissioner of the General Land Office, or in case of his inability to attend to the duties of his office, the chief clerk shall perform all…
2Cited by15 opinions
- Duren v. Houston & Texas Central Railway Co.Texas Supreme Court · 1893
- Spencer v. LapsleySupreme Court of the United States · 1858
- Lord v. New York Life Insurance Co.Texas Supreme Court · 1902
- Godfrey v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Wright v. HawkinsTexas Supreme Court · 1866
10 more not listed; retrieve them via the Exa API.