Lewis v. Durst
Texas Supreme Court
Appeal from Mfaeogdoehes. The plaintiff alleged in his petition that lie, on the 20 o£ October, 1S38, being the owner of a league of the head-right certificate granted in Matagorda county to Joseph Yeaman, jilaeed the same in the hands of Janies Bradshaw, a deputy surveyor in the Nacogdoches district, and designated and required said Bradshaw to survey for him'a league of lamí in said district, which he alleged lie point ed out, and which was described by a receipt given him…
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Appeal from Mfaeogdoehes. The plaintiff alleged in his petition that lie, on the 20 o£ October, 1S38, being the owner of a league of the head-right certificate granted in Matagorda county to Joseph Yeaman, jilaeed the same in the hands of Janies Bradshaw, a deputy surveyor in the Nacogdoches district, and designated and required said Bradshaw to survey for him'a league of lamí in said district, which he alleged lie point ed out, and which was described by a receipt given him by said Bradshaw, in the following words, viz : “Iteceived “of I. it. Lewis a certificate for a league and labor of…
1Opinion of the CourtLipscomb, J.
The only points presented by the .record in this ease, dee,mod oí sufficient importance to be discussed by us, arise on the exception to (lie charge of the judge on the trial in the court below, and the ruling- out of the receipt of Bradshaw", offered in evidence by the plaintiff.
The charge of the court excepted to is substantially as follows, i. e.: “ That “ the only legal evidence of a location sufficient to maintain the action of tres- “ pass to try"tille was some entry, memorandum, or other writing made by an “ applicant for vacant land in a memorandum, or file book, required to ho kept…
2Cases cited2 opinions
- Danforth v. WearSupreme Court of the United States · 1824
- Garnett v. JenkinsSupreme Court of the United States · 1834
3Cited by4 opinions
- Atchley v. Superior Oil CompanyCourt of Appeals of Texas · 1972
- McKinney v. GrassmeyerTexas Supreme Court · 1879
- Richardson v. Temple Lumber Co.Court of Appeals of Texas · 1932
- Waterhouse v. CorbettCourt of Appeals of Texas · 1906