Curry v. York
Texas Supreme Court
— Appeal from Burleson County. The appellees, John York and the heirs of Walter Sutherland, brought suit against the appellants to recover a league of land originally granted to one Thomas S. Haynes.
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— Appeal from Burleson County. The appellees, John York and the heirs of Walter Sutherland, brought suit against the appellants to recover a league of land originally granted to one Thomas S. Haynes. The plaintiffs alleged that they were the “ lawful and just owners ” of a certain league of land granted by the Mexican government to one Thomas S. Haynes, as a colonist of Austin’s colony, in the year 1824, and conveyed to him, said John York and Walter Sutherland, in the lifetime of him, said Walter,” describing the land by metes and bounds, and alleging that the defendants have wrongfully…
1Opinion of the CourtJustice Wheeler
For the appellants it is contended that the judgment ought to be reversed, for that,
*3591. The court erred in refusing the instructions asked.
2. The survey of the original grantee, Haynes, was. illegal aud void.
3. The verdict is illegal; the jury not being warranted in allowing and deducting from the value of the improvements the value of the use and occupation of the premises.
It is manifest that the correctness of the second and third propositions maintained in behalf of the appellants must depend upon the facts of the case as they appeared in evidence. But there being no statement of facts iu…
2Cited by10 opinions
- Burditt v. HowthTexas Supreme Court · 1876
- Thompson v. StateTexas Supreme Court · 1868
- Hunt v. JohnsonTexas Supreme Court · 1914
- Allen v. VineyardCourt of Appeals of Texas · 1919
- Taylor v. CampbellTexas Supreme Court · 1883
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