Jennings v. De Cordova
Texas Supreme Court
Appeal from Burnett. Tried below before the Hon. Thomas H. DuVal. Action of trespass to try title to a league of land, by appellee against appellant and six others, brought to Spring Term, 1856. Appellant disclaimed as to all except seven hundred and seventeen acres specially described, to which he claimed title under David F. Owens, to whom he alleged the league was granted by the Government in the early part of the year 1835. And for further answer defendant says he is…
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Appeal from Burnett. Tried below before the Hon. Thomas H. DuVal. Action of trespass to try title to a league of land, by appellee against appellant and six others, brought to Spring Term, 1856. Appellant disclaimed as to all except seven hundred and seventeen acres specially described, to which he claimed title under David F. Owens, to whom he alleged the league was granted by the Government in the early part of the year 1835. And for further answer defendant says he is informed that said plaintiff alleges that the aforesaid grant to Owens was and is void; and this defendant says, if it is…
1Opinion of the Court
Hemphill, Ch. J.
There is no doubt but that the title for the league, issued to David F. Owens on the 28th December, 1835, was absolutely void, the same having issued after the closing of the Land Office by the Act of the Consultation, and that so far as that title was concerned, the land was open to location or preemption and survey. But the survey upon which that title issued (having been made for Owens in the summer of 1835) was not avoided by the Act of Consultation, and there might be some question whether it be not still valid, and capable of being perfected into a patent.
*513Surveys made…
2Cases cited1 opinion
- Cravens v. BrookeTexas Supreme Court · 1856
3Cited by21 opinions
- Wheeler v. StylesTexas Supreme Court · 1866
- Todd v. Fisher & MillerTexas Supreme Court · 1862
- Howard v. McKenzieTexas Supreme Court · 1880
- Houston Oil Co. of Texas v. William M. Rice InstituteCourt of Appeals of Texas · 1917
- Vance v. LindseyTexas Supreme Court · 1883
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