Morrill v. Bartlett
Texas Supreme Court
Appeal from Ked Biver. Tried below before the Hon. B. B. Gaines. This suit was brought April 14, 1882, by Amos Morrill against J. M. Bartlett and David Bainey to cancel and annul an agreement made between plaintiff and Bainey, to have surveyed and established the north line of a sixteen labor survey in the name of Price, and claimed by the plaintiff.
Read the full summary
Appeal from Ked Biver. Tried below before the Hon. B. B. Gaines. This suit was brought April 14, 1882, by Amos Morrill against J. M. Bartlett and David Bainey to cancel and annul an agreement made between plaintiff and Bainey, to have surveyed and established the north line of a sixteen labor survey in the name of Price, and claimed by the plaintiff. He alleged that he knew that Bainey claimed land supposed to conflict with the Price survey, but that he did not know when he made the agreement that Bainey was claiming for his north line the line of a survey called for as the north line of the…
1Opinion of the Court
Willie, Chief Justice.
The court below, passing upon the law and the facts of • this case without the intervention of a jury, held that the land in controversy was not included in the Price survey, *649and that Bartlett was entitled to recover the value of his improvements as a possessor in good faith. The question of the validity of the agreement, which the suit was brought to cancel, was decided in favor of appellant, and the agreement was set aside. In the opinion rendered by the supreme court at Tyler, the decision of the district judge was approved so far as it canceled the agreement, but the…
2Cases cited2 opinions
- Commissioner of the General Land Office v. SmithTexas Supreme Court · 1849
- Barnard v. GoodTexas Supreme Court · 1876
3Cited by10 opinions
- Cooke v. AverySupreme Court of the United States · 1893
- State v. TalkingtonCourt of Appeals of Texas · 1925
- Atlantic Refining Company v. NoelTexas Supreme Court · 1969
- Wofford v. MillerCourt of Appeals of Texas · 1964
- Earwood v. Smart, Texas Court of Appeals, 4th District (San Antonio)2003
5 more not listed; retrieve them via the Exa API.