Clark v. Goss
Texas Supreme Court
Appeal from Harrison. Action of trespass to try title, by the appellees against the appellant. The Act of Congress of the Republic, which provided for the organization of Harrison county out of a portion of Shelby, was passed on the 25th of January, 1839. There was no proof when the county was organized, but it was proved that the Deputy Surveyors of Shelby county continued to make surveys in said district of country until some time in December, 1839, during which month the…
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Appeal from Harrison. Action of trespass to try title, by the appellees against the appellant. The Act of Congress of the Republic, which provided for the organization of Harrison county out of a portion of Shelby, was passed on the 25th of January, 1839. There was no proof when the county was organized, but it was proved that the Deputy Surveyors of Shelby county continued to make surveys in said district of country until some time in December, 1839, during which month the Surveyor for Harrison arrived, (being elected by Congress at that time) although he did not qualify for several months…
1Opinion of the CourtWheeler, J.
The principal and essential inquiry in this case was as to the validity of the plaintiffs’ title. If the plaintiffs by legal and competent evidence have shown the right in themselves, they were entitled to recover, and the judgment must be affirmed. Otherwise it must be reversed. The only question therefore, which it is material to notice, is the competency and sufficiency of the plaintiffs’ evidence to establish in themselves a valid subsisting title.
There is no question that the plaintiffs’ location and survey were prior in point of time to the defendant’s, and" if valid iflust give them…
2Cited by16 opinions
- Nelson v. KrusenTexas Supreme Court · 1984
- LeCroy v. HanlonTexas Supreme Court · 1986
- People Ex Rel. Unger v. . KennedyNew York Court of Appeals · 1913
- Dodson v. BuntonTexas Supreme Court · 1891
- Trimble v. EdwardsTexas Supreme Court · 1892
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