Wofford v. McKinna
Texas Supreme Court
Appeal from De Witt. Tried below before the Hon. Fielding Jones. This was a suit by the appellee to recover from the appellants 3321 acres of land, described in his petition, and in the judgment, as follows: “ Beginning at the southwest corner of survey No. 18, class No. 2, of one league of land granted to B. H. Chisholm; thence, west, with the north line of a third of a league survey, 135 varas, to a stake, the northwest corner of said survey, from which a Post Oak bears…
Read the full summary
Appeal from De Witt. Tried below before the Hon. Fielding Jones. This was a suit by the appellee to recover from the appellants 3321 acres of land, described in his petition, and in the judgment, as follows: “ Beginning at the southwest corner of survey No. 18, class No. 2, of one league of land granted to B. H. Chisholm; thence, west, with the north line of a third of a league survey, 135 varas, to a stake, the northwest corner of said survey, from which a Post Oak bears south 40° west, 15 varas, and a Black Jack bears north 4° east, 6 varas; thence, south, with said survey 620 varas, to a…
1Opinion of the CourtWheeler, C. J.
The decision of this case, depends on the question, whether the tax title on which the defendant relied to support his plea of the statute of limitations, is a “ deed,” within the meaning of the sixteenth section of the statute. (Hart. Dig. Art. 2392.) We agree with the counsel for the appellee *43that the statute intends an instrument which is really and in fact a deed, possessing all the essential legal requisites to constitute it such in law: as it is very well expressed in the brief of counsel, it must be “ am instrument, by its own terms, or with such aid as the law requires, assuming and…
2Cases cited5 opinions
- Pillow v. RobertsSupreme Court of the United States · 1852
- Charle v. SaffoldTexas Supreme Court · 1854
- Robson v. OsbornTexas Supreme Court · 1855
- Ballance v. ForsythSupreme Court of the United States · 1852
- Erwin v. HelmSupreme Court of Pennsylvania · 1825
3Cited by124 opinions
- Hermann v. LikensTexas Supreme Court · 1897
- Rosenborough v. CookTexas Supreme Court · 1917
- Redfield v. ParksSupreme Court of the United States · 1889
- Norris v. HuntTexas Supreme Court · 1879
- Schleicher, Admr. v. GatlinTexas Supreme Court · 1892
119 more not listed; retrieve them via the Exa API.