Decourt v. Sproul
Texas Supreme Court
Appeal from Maverick. Tried below before the Hon. D. P. Marr. This suit was instituted by appellant in the district court of Maverick county, February 10, 1885, against appellees, praying a mandamus to compel appellee, Hector, to survey, and to return to the land office the field notes of the land described in plaintiff’s petition as a homestead donation for plaintiff, under the act of 1879, (E. S., ch. 9, title 59, art. 3987, et seq.'), and also to procure the cancellation…
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Appeal from Maverick. Tried below before the Hon. D. P. Marr. This suit was instituted by appellant in the district court of Maverick county, February 10, 1885, against appellees, praying a mandamus to compel appellee, Hector, to survey, and to return to the land office the field notes of the land described in plaintiff’s petition as a homestead donation for plaintiff, under the act of 1879, (E. S., ch. 9, title 59, art. 3987, et seq.'), and also to procure the cancellation of a patent under which defendant Sproul claimed title to the land. The patent had been issued to the mother-in-law of…
1Opinion of the Court
Robertson, Associate Justice.
The petition alleges that the patent, under which Sproul claims, was issued in 1880, and the plaintiff settled upon the land in 1884. The plaintiff’s object in making the settlement was to obtain a donation homestead under chapter nine, of title fifty-nine, of the Revised Statutes. The last article of that chapter prohibited him from settling upon or occupying any land “titled, or equitably owned under color of title from the sovereignty of the state, evidence of the appropriation of which is on the county records, or in the general land office, or when the…
2Cases cited11 opinions
- Stoddard v. ChambersSupreme Court of the United States · 1844
- Hoofnagle v. AndersonSupreme Court of the United States · 1822
- Gullett v. O'ConnorTexas Supreme Court · 1881
- Johnston v. SmithTexas Supreme Court · 1858
- Styles v. GrayTexas Supreme Court · 1853
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3Cited by16 opinions
- Culbertson v. BlanchardTexas Supreme Court · 1891
- Winsor v. O'ConnorTexas Supreme Court · 1888
- Frontroy v. AtkinsonCourt of Appeals of Texas · 1907
- State v. SneedCourt of Appeals of Texas · 1944
- Tarlton, Jordan & Tarlton v. KirkpatrickCourt of Appeals of Texas · 1892
11 more not listed; retrieve them via the Exa API.