Burkett & Murphy v. Scarborough
Texas Supreme Court
Error from Milam. Tried below before the Hon. W. E. Collard. Suit against appellants, averring that plaintiff was seized on 21st June, 1881, of three hundred acres of land, a part of the one-third league patented to heirs of Mariana Moro, Jr., in Milam county, Texas; that defendants entered on the land and removed therefrom four hundred and thirty-two cords of wood belonging to plaintiff, of the value of $1,000, for which, as well as $500 vindictive damages, he prayed…
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Error from Milam. Tried below before the Hon. W. E. Collard. Suit against appellants, averring that plaintiff was seized on 21st June, 1881, of three hundred acres of land, a part of the one-third league patented to heirs of Mariana Moro, Jr., in Milam county, Texas; that defendants entered on the land and removed therefrom four hundred and thirty-two cords of wood belonging to plaintiff, of the value of $1,000, for which, as well as $500 vindictive damages, he prayed judgment. Defendants answer by plea of not guilty and general denial; denying that the cord-wood ever belonged to plaintiff;…
1Opinion of the Court
West, Associate Justice.—
The action of the board of land commissioners on the 29th day of March, 1838, deciding that Mariana Moro, Sr., and his wife were the heirs of Mariana Moro, Jr., and in issuing to them the headright third of a league certificate in question as such heirs, is conclusive of their right to it in this proceeding, whether such judgment was correct or not.
Many previous decisions of this court have been to the effect that after the very great lapse of time that has transpired since these early transactions took place, the action of these special tribunals is no longer open to…
2Cases cited13 opinions
- Johnston v. SmithTexas Supreme Court · 1858
- Styles v. GrayTexas Supreme Court · 1853
- Babb v. CarrollTexas Supreme Court · 1858
- Howard v. ColquhounTexas Supreme Court · 1866
- Walters v. JewettTexas Supreme Court · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Satterwhite v. RosserTexas Supreme Court · 1884
- Houston Oil Co. of Texas v. HaydenTexas Supreme Court · 1911
- Fleming v. GiboneyTexas Supreme Court · 1891
- Vanderwolk v. MatthaeiCourt of Appeals of Texas · 1914
- Davis v. BargasTexas Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.