Parker v. Baines
Texas Supreme Court
Appeal from Fort Bend. Tried below before the Hon. W. H. Burkhart. This case was before this court at a former term, and is reported in 58 Tex. 15. The tract of eight hundred and sixty-three acres in controversy was a part of a half league grant to I. H. Charles in 1831, and also of the league grant to Brookshire in 1835. Plaintiffs claimed under the former grant; defendants under the latter.
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Appeal from Fort Bend. Tried below before the Hon. W. H. Burkhart. This case was before this court at a former term, and is reported in 58 Tex. 15. The tract of eight hundred and sixty-three acres in controversy was a part of a half league grant to I. H. Charles in 1831, and also of the league grant to Brookshire in 1835. Plaintiffs claimed under the former grant; defendants under the latter. In 1842, one Harry took lawful possession of the Charles grant, but was not in actual possession of the portion covered by the conflicting Brookshire grant. Brookshire took immediate possession of his…
1Opinion of the Court
Willie, Chief Justice.
The appellants claim title to the land in controversy, under a grant to Isaac W. Charles, made March. 25, 1831; the appellees claim under a grant made to H. Brookshire, October 5, 1835. There is a partial conflict in the tracts of land located and surveyed by virtue of these grants, and the Charles, being the older, must prevail against the Brookshire title, unless those claiming under the latter can sustain their defences under the statute of limitation. It is clear from the record that possession under the Charles grant was never taken until the year 1842, and that…
2Cases cited12 opinions
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