Legal Opinion

Beaumont Pasture Co. v. Preston & Smith

Texas Supreme Court

Decided February 12, 1886No. Case No. 2185PublishedCited by 18 opinions

Appeal from Jefferson. Tried below before the Hon. W. J. Win-gate, special judge. This was an action of trespass to try title, brought by Preston &■ Smith against the Beaumont Pasture company, to recover a league of land in the possession of the latter. Defendants pleaded not guilty. The trial was by jury, and resulted in a verdict and judgment for the plaintiffs. The defendants appealed.

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Appeal from Jefferson. Tried below before the Hon. W. J. Win-gate, special judge. This was an action of trespass to try title, brought by Preston &■ Smith against the Beaumont Pasture company, to recover a league of land in the possession of the latter. Defendants pleaded not guilty. The trial was by jury, and resulted in a verdict and judgment for the plaintiffs. The defendants appealed. The paragraph of the court’s charge to the jury, relating to the written instrument offered in evidence by the plaintiffs, is as follows: In this case the defendants file an affidavit, in which they attack a…

1Opinion of the Court

Robertson, Associate Justice.

The appellees brought this suit for a league of land in Jefferson county, granted to Joseph Butler. *451They claimed under an instrument purporting to be a deed from Joseph Butler to E. D. Johnson, dated September 16, 1840. Upon the paper is what purports to be the proof of the deed for registration by two of the three subscribing witnesses before the chief justice of Shelby county, and where the seal should be impressed is a red stain, which may be the relic of a sealing wafer. The certificate of proof is dated November 5, 1840, and upon it, as sufficient…

2Cases cited13 opinions

  1. Brownson v. ScanlanTexas Supreme Court · 1883
  2. Holmes v. CoryellTexas Supreme Court · 1883
  3. Hawley v. BullockTexas Supreme Court · 1867
  4. Paschal v. PerezTexas Supreme Court · 1851
  5. Wood v. WelderTexas Supreme Court · 1874

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3Cited by18 opinions

  1. Stooksbury v. SwanTexas Supreme Court · 1893
  2. Hunt v. HeatonTexas Supreme Court · 1982
  3. Frugia v. TrueheartCourt of Appeals of Texas · 1908
  4. Ammons v. DwyerTexas Supreme Court · 1890
  5. McGaughey v. American Nat. Bank of AustinCourt of Appeals of Texas · 1905

13 more not listed; retrieve them via the Exa API.

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