Legal Opinion

Prewitt v. Farris

Texas Supreme Court

Decided December 15, 1849PublishedCited by 2 opinions

Appoal from Cass. The appellant filed his petition hi this ease in the. District Court on the 1st day of March, 1849, in which ho alleged that some timo in tile early part of the year 1842 he placed his conditional headright certificate for six hundred and forty acres of land in the hands of one Allen Urquhart, then a deputy surveyor under one Levy Jordan, who was then a principal or county surveyor, for the purpose of having a piece of land secured, and that he subsequently…

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Appoal from Cass. The appellant filed his petition hi this ease in the. District Court on the 1st day of March, 1849, in which ho alleged that some timo in tile early part of the year 1842 he placed his conditional headright certificate for six hundred and forty acres of land in the hands of one Allen Urquhart, then a deputy surveyor under one Levy Jordan, who was then a principal or county surveyor, for the purpose of having a piece of land secured, and that he subsequently thereto procured one Burrell Parker to designate and point out to said Urquhart the land intended to be surveyed; that…

1Opinion of the Court

Lipscomb. J.

The proceedings before the justice of the peace sought to he enjoined by this suit were under the 17th section of the land law of December, 1887. The jurisdiction given by that section is special and limited to the particular cases, but to be exercised summarily, and the judgment is final and conclusive, without the right to appeal to any other tribunal. (Field v. Anderson, 1 Tex. R., 437, and subsequent eases.) Nor is the denial of a right to appeal any just ground of complaint, because neither party has any intrinsic title to the thing in dispute founded on a valuable…

2Cited by2 opinions

  1. Green v. John Dallahan & Co.Texas Supreme Court · 1881
  2. City of Marshall v. BaileyTexas Supreme Court · 1864

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