Berry v. Wright
Texas Supreme Court
Error from Ellis. Suit by the appellee against the appellant, to recover one thousand acres of land, part of the head-right of Edward Ferris, deceased. On the 10th of February, 1838, Ferris having employed one Slaughter to locate and patent his headright for one league of land, and transferred his certificate to said Slaughter for that purpose, took a bond from Slaughter to convey one-half of the land to his, Ferris’s, wife, as soon as a patent should be issued.
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Error from Ellis. Suit by the appellee against the appellant, to recover one thousand acres of land, part of the head-right of Edward Ferris, deceased. On the 10th of February, 1838, Ferris having employed one Slaughter to locate and patent his headright for one league of land, and transferred his certificate to said Slaughter for that purpose, took a bond from Slaughter to convey one-half of the land to his, Ferris’s, wife, as soon as a patent should be issued. This bond was not in evidence, and it did not appear whether it contained any stipulation as to the mode in which the league should…
1Opinion of the CourtWheeler, J.
The ground mainly relied on for a reversal of the judgment, is that the deed from Ferris to the plaintiff did not contain a sufficient description of the land intended to be conveyed. It is as follows : “ Commencing at the corner, “ on the back line of said league, of the division line between “ said Ferris and the heirs of Slaughter, or G. W. Hill, includ “ ing a sufficiency of the back end of the lower half of said “ league, so as to make one thousand acres.” It is insisted that, as the back line of the league is its west line, this call requires the land to be taken in the south-west…
2Cited by24 opinions
- Battle v. WolfeCourt of Appeals of Texas · 1926
- West v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1907
- Holloway's Unknown Heirs v. WhatleyCourt of Appeals of Texas · 1937
- Sloan v. KingCourt of Appeals of Texas · 1903
- Steinbeck v. StoneTexas Supreme Court · 1880
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