Daughty v. Hall
Texas Supreme Court
Appeal from. Coryell. Tried below before the Hon. J. B>„ Fleming. Haughty brought this suit against appellees May 9, 1877. The case made by the petition was that Hew by settled as a pre-emptor on the land August 15, 1874, had the same surveyed August 20, 1874, and the field notes forwarded to the general land office at that time; that he was then in possession, and so continued until September, 1874, when he sold and transferred the same to appellant; and that he then took…
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Appeal from. Coryell. Tried below before the Hon. J. B>„ Fleming. Haughty brought this suit against appellees May 9, 1877. The case made by the petition was that Hew by settled as a pre-emptor on the land August 15, 1874, had the same surveyed August 20, 1874, and the field notes forwarded to the general land office at that time; that he was then in possession, and so continued until September, 1874, when he sold and transferred the same to appellant; and that he then took possession, and had held the same ever since. That Hewby was a married man and the head of a family, and owned no other…
1Opinion of the Court
Watts, J. Com. App.—
When Cagle sold his interest in' the preemption to Shackleford, and removed to the state of Arkansas, he thereby abandoned all right and claim to the same. And as Shackleford then owned and was occupying another homestead, he acquired no right to the pre-emption. Upon his pretended purchase, and the removal of Cagle from the state, the pre-emption right was forfeited, and the land became unappropriated public domain, and subject to settlement, location and survey. Gambrell v. Steele, 55 Tex., 585.
Appellees do not claim to have thereafter pre-empted the land, but they claim…
2Cited by4 opinions
- Murphy v. JohnsonCourt of Appeals of Texas · 1932
- Armstrong v. WalkerTexas Supreme Court · 1934
- Olsen v. Bank of EphraimUtah Supreme Court · 1937
- Baker v. BurroughsCourt of Appeals of Texas · 1893