Palmer v. Curtner
Texas Supreme Court
Appeal from Wise. Tried below before the Hon. J. A. Carroll. Robert B. Palmer et al. brought suit the 1st day of October, A. D. 1879, in Wise county, against E. M. Curtner et al., in trespass to try title to one thousand two hundred and eighty acres of bounty land, patented to Philip Turrain. Petition in the usual form.
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Appeal from Wise. Tried below before the Hon. J. A. Carroll. Robert B. Palmer et al. brought suit the 1st day of October, A. D. 1879, in Wise county, against E. M. Curtner et al., in trespass to try title to one thousand two hundred and eighty acres of bounty land, patented to Philip Turrain. Petition in the usual form. Defendants, on the 30th day of October, 1879, filed their answers, pleading: 1. Not guilty. 2. Statute of three years’ limitation. 3. Statute of ten years’ limitation. 4. Improvements in good faith. A guardian ad litem was appointed for the minor plaintiffs. 1. Plaintiffs…
1Opinion of the Court
Gould, Associate Justice.
We are of opinion that the action of the commissioner of claims, on December 2, 1857, on the bounty warrant issued March 24, 1854, to E. A. Palmer, as assignee of Philip Turrain, in approving said warrant for the benefit of the original assignor, Philip Turrain, was not conclusive against the rights of said E. A. Palmer nor of those claiming through him, nor against the rights of those claiming by purchase from the original grantee prior to the issuance of such bounty warrant.
The act “ to ascertain the legal claims for money and land against the state,” under which…
2Cited by1 opinion
- Walker v. CaradineTexas Supreme Court · 1890