Heirs of Ross v. Mitchell
Texas Supreme Court
Error from Ellis. The case was tried before Hon. Hat. M. Bureord, one of the district judges. Suit for specific performance and for partition, commenced in the District Court of Hill county, on the 31st day of May, 1856, by William L. Mitchell, against the plaintiffs in error. Subsequently the venue was changed to the county of Ellis, and Mitchell was joined by Stubblefield, as a co-plaintiff.
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Error from Ellis. The case was tried before Hon. Hat. M. Bureord, one of the district judges. Suit for specific performance and for partition, commenced in the District Court of Hill county, on the 31st day of May, 1856, by William L. Mitchell, against the plaintiffs in error. Subsequently the venue was changed to the county of Ellis, and Mitchell was joined by Stubblefield, as a co-plaintiff. These parties claimed one-third of the “John E. Eoss league and labor,” as their “locative interest” in the tract. ' The derivation of their claim is substantially indicated in the opinion of the court,…
1Opinion of the CourtMoore, C. J.
—The judgment in this case must be reversed. The defendants in error, who were the plaintiffs in the court below, failed to establish any contract, either expressed or implied, for the land claimed by them. On the facts presented in this record the judgment could be sustained only on the supposition that the contract for the location of a certificate, the terms and conditions of which are not shown, by implication gives to the party locating and procuring the patent a right to one-third of the land. The law certainly attaches no such presumption to contracts of this character. The only…
2Cited by11 opinions
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