Davis v. Smith
Texas Supreme Court
Appeal from Trinity. Tried below before the Hon. John. B. Kennard. Suit by the appellee in trespass to try title to recover the east half of the J. D. Parker pre-emption for one hundred and sixty acres of land.
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Appeal from Trinity. Tried below before the Hon. John. B. Kennard. Suit by the appellee in trespass to try title to recover the east half of the J. D. Parker pre-emption for one hundred and sixty acres of land. Appellee alleged that he was owner in his own right of the east half of the Parker survey, and that he was ousted of his possession on the 6th day of February, A. D. 1880, by appellant; he alleged damages at $200. Appellants excepted generally to the petition, and specially that the land claimed by appellee was not definitely described; pleaded “ not guilty,” and specially that…
1Opinion of the Court
Willie, Chief Justice.—
This. suit grew out of a disagreement between the plaintiff and defendant as to the beginning corner of the J. D. Parker grant,.under which the plaintiff claimed title to the land in controversy. This corner is described in that grant as being two hundred and thirty varas south of the southeast corner of G. Pose’s pre-emption claim, and a mound was made by the sur-, veyor to identify it, there being no timber convenient for bearing trees. The first line of this survey is described as running east nine hundred and five varas to a mound made by the surveyor seventy varas…
2Cases cited3 opinions
- Stafford v. KingTexas Supreme Court · 1867
- Phillips v. AyresTexas Supreme Court · 1876
- Hefner v. DowningTexas Supreme Court · 1882
3Cited by12 opinions
- Taylor v. Higgins Oil & Fuel Co.Court of Appeals of Texas · 1928
- Jones v. AndrewsTexas Supreme Court · 1884
- Turner v. CreechWashington Supreme Court · 1910
- State v. HeroldWest Virginia Supreme Court · 1915
- Ballard v. Stanolind Oil & Gas Co.Court of Appeals for the Fifth Circuit · 1935
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