Patton v. Skidmore
Texas Supreme Court
Appea.1 front Lamar. Tried below before the Hon. William S. Todd. Action of trespass to try title by appellant against appellee, commenced August 30th, 1845. In January, 1836, the defendant immigrated to Texas, and on the second of March of the same year, the date of the Declaration of Independence, he had improved and was residing on the land in controversy, and continued to reside there until the summer of the same' year, when he returned to Alabama for his family, leaving…
Read the full summary
Appea.1 front Lamar. Tried below before the Hon. William S. Todd. Action of trespass to try title by appellant against appellee, commenced August 30th, 1845. In January, 1836, the defendant immigrated to Texas, and on the second of March of the same year, the date of the Declaration of Independence, he had improved and was residing on the land in controversy, and continued to reside there until the summer of the same' year, when he returned to Alabama for his family, leaving his improvement in the possession of a person who undertook to take care of the same until his return, which was…
1Opinion of the CourtWheeler, J.
The plaintiff’s patent was obtained in 1845.. The defendant was not in a condition to locate his certificate with effect until 1850. But he insists that, by reason of his prior occupancy and improvement, he had the right then to appropriate the land by his certificate ; and that the plaintiff’s title was acquired in fraud and violation of his rights The real question to be determined is, whether the land was vacant and subject to entry when the plaintiff made his location ; which the defendant avers was on the 29th of December,. 1838. We think it will be impossible to maintain that it was-not.
2Cited by4 opinions
- Camoron v. ThurmondTexas Supreme Court · 1881
- Edgar v. Galveston City Co.Texas Supreme Court · 1858
- Hawkins v. StilesCourt of Appeals of Texas · 1913
- Hawkins v. StilesCourt of Appeals of Texas · 1913