Hamilton v. Rice
Texas Supreme Court
Appeal from Williamson. Action of trespass to try title, by appellant against appellee. Answer that in October, 1841, the defendant located and caused to be surveyed the premises in the plaintiff's petition mentioned, by virtue of the defendant's headright certificate, describing it; that the field-notes were duly made out to be filed in the proper office; that said location was never raised by him or by his authority ; but that the said M. C. Hamilton falsely and…
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Appeal from Williamson. Action of trespass to try title, by appellant against appellee. Answer that in October, 1841, the defendant located and caused to be surveyed the premises in the plaintiff's petition mentioned, by virtue of the defendant's headright certificate, describing it; that the field-notes were duly made out to be filed in the proper office; that said location was never raised by him or by his authority ; but that the said M. C. Hamilton falsely and fraudulently possessed himself of the field-notes and certificate, and disconnected the same, and either concealed or destroyed…
1Opinion of the CourtWheeler, J.
«-The Verdict was general, for the defendant; and it necessarily includes the finding, in his favor, of every material fact well pleaded, touching his right to the relief sought. (Wells v. Barnett, 7 Tex. R. 584 ; Hardy v. DeLeon, 5 Id. 211 ; Smith v. Johnson, 8 Id. 418 ; 9 Id. 239, 361.) It was not necessary for the jury to express the ground of their finding, but their having done so does not vitiate their verdict. It is insisted in argument for the appellee, that it was error in the Court to admit the testimony of the witness Wilbarger, to prove the field-notes of the survey made for the…
2Cited by23 opinions
- Wheeler v. Tyler Southeastern Railway Co.Texas Supreme Court · 1898
- Lennon v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- State v. DesloversSupreme Court of Rhode Island · 1917
- Reliance Lumber Co. v. W. U. Telegraph Co.Texas Supreme Court · 1883
- Tabor v. StateCourt of Criminal Appeals of Texas · 1908
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