McPhail v. Burris
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. J. B. Williamson. Wm. M. Burriss, June 10, 1870, brought an action of trespass to try title against David McPhail and Thomas Wagnon for five hundred and fifty-six acres of land of the head-right of John Ward.
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Appeal from Harrison. Tried below before the Hon. J. B. Williamson. Wm. M. Burriss, June 10, 1870, brought an action of trespass to try title against David McPhail and Thomas Wagnon for five hundred and fifty-six acres of land of the head-right of John Ward. Defendants plead not guilty, and suggested improvements.' June term, 1871, Louisa Wagnon and Mary McPhail had leave to intervene, and they set up claim to the land, under a tax sale and deed of date 20th October, 1851, the tax sale having been made for non-payment of taxes by John Ward, the original grantee of the land. The intervention…
1Opinion of the Court
Moore, Associate Justice.
It certainly cannot be seriously denied that it was the duty of the Boards of Land Commissioners to determine under what law applicants were entitled to the certificates issued to them. In doing this, evidently the board determined the class to which the certificate belonged. In the absence of controverting testimony, the action of the board must be regarded as sufficient to establish the fact to be as determined by it, if, indeed, the class to which the certificate belonged, which necessarily entered into the decision of the applicant's right to the certificate, can…
2Cited by4 opinions
- Fleming v. GiboneyTexas Supreme Court · 1891
- Davis v. BargasTexas Supreme Court · 1895
- Malone v. DickTexas Supreme Court · 1901
- Burkett v. ScarboroughTexas Supreme Court · 1883