Legal Opinion

Morris v. Brinlee

Texas Supreme Court

Decided July 1, 1855PublishedCited by 3 opinions

Appeal from Bowie. Suit by appellee against appellants. One of the defendants’ locations had been patented, and the testimony was, that “ defendants’ claims, as set out in said ex-Mbits” (include patent) “ conflicted with plaintiff’s claim.” The plaintiff had resided on the land from 1888 to 1842, at which time he moved away, but continued to hold it by tenant.

1Opinion of the CourtLipscomb, J.

This was a suit for land founded on a location and survey of a part of a headright certificate for a league and labor, granted to the appellee, Brinlee. The record shows Brinlee’s claim to the land in controversy was founded on a settlement made upon it in 1833 ; headright certificate issued to him 2d February, 1838, and a survey in January, 1839 ; before his field notes had been recorded, a difficulty arose between Byers and Brinlee, and others, about their surveys, and Brinlee was thereby prevented from perfecting his title ; in that suit, appellant was made a party defendant with Brinlee;…

2Cited by3 opinions

  1. Miller v. Texas & Pacific Railway Co.Supreme Court of the United States · 1890
  2. House v. TalbotTexas Supreme Court · 1879
  3. Waterhouse v. CorbettCourt of Appeals of Texas · 1906

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