Vance v. Lindsey
Texas Supreme Court
Error from Milam. Tried below before the Hon. Spencer Ford. Action of trespass to try title brought by James Vance against Sherod K. Lindsey and William Lindsey for three hundred and twenty acres of land, in which J. G. Sherril intervened; the plaintiff also claimed damages for trespasses committed on the land by defendant, for rents and destruction of timber.
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Error from Milam. Tried below before the Hon. Spencer Ford. Action of trespass to try title brought by James Vance against Sherod K. Lindsey and William Lindsey for three hundred and twenty acres of land, in which J. G. Sherril intervened; the plaintiff also claimed damages for trespasses committed on the land by defendant, for rents and destruction of timber. The defendant S. K. Lindsey claimed title to eighty acres of the land by purchase from Sherril, the same being a part of Sherril’s one hundred and sixty acre pre- eruption claim; Sherril claimed the remaining eighty acres by virtue of…
1Opinion of the Court
Walker, P. J. Com. App.
The right of Sherril to obtain a patent for his pre-emption cannot be questioned, unless an intervening right *288of a third person was acquired at some period of time between that at which he domiciled his family on the land, January, 1871, and the expiration of three years from that date by reason of non-compliance by Sherril with the requirements of the statute governing pre-emptions. He failed, it is true, to cause a survey to be made within twelve months from the date of filing with the surveyor his affidavit of having settled on the land in good faith, etc., but in…
2Cases cited14 opinions
- Commercial & Agricultural Bank v. JonesTexas Supreme Court · 1857
- H. F. & E. D. Craddock v. GoodwinTexas Supreme Court · 1881
- Zapp v. MichaelisTexas Supreme Court · 1883
- Bohanan v. HansTexas Supreme Court · 1863
- Fisk v. WilsonTexas Supreme Court · 1855
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hammonds v. HammondsTexas Supreme Court · 1958
- Kimmell v. EdwardsCourt of Appeals of Texas · 1917
- Galveston, Harrisburg & San Antonio Railway Co. v. DuelinTexas Supreme Court · 1894
- McCloskey v. San Antonio Traction Co.Court of Appeals of Texas · 1917
- Mathes v. WilliamsCourt of Appeals of Texas · 1939
6 more not listed; retrieve them via the Exa API.