Bryan v. Shirley
Texas Supreme Court
Error from Dallas. Tried below before the Hon. Zemri Hunt. Suit brought by E. P. Bryan and others on the 21st day of May, A. D. 1874, in trespass to try title, against defendants in error, to recover possession of a league and labor of land, situated in the. county of Dallas, setting out the boundary thereof, and claiming title to and possession of the same on the-day of--, A. D. 1871. E. P. Bryan afterwards died, and the suit was revived in the name of plaintiffs in error,…
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Error from Dallas. Tried below before the Hon. Zemri Hunt. Suit brought by E. P. Bryan and others on the 21st day of May, A. D. 1874, in trespass to try title, against defendants in error, to recover possession of a league and labor of land, situated in the. county of Dallas, setting out the boundary thereof, and claiming title to and possession of the same on the-day of--, A. D. 1871. E. P. Bryan afterwards died, and the suit was revived in the name of plaintiffs in error, F. B. and E. P. Bryan, as his executors, on the 18th day of December, A. D. 1876. Subsequently plaintiffs filed amended…
1Opinion of the Court
Gould, Associate Justice.
The title under which plaintiffs in error claimed the land in controversy originated in a survey made in November, 1871, as on vacant public land.
The defendants claim under a patent to Matthew Cartwright, assignee of Daniel Tanner, of date June 2, 1854, and show conveyance from Cartwright to Skaggs in 1863; mortgage by Skaggs to Andrews in 1866; and foreclosure, sale and purchase thereunder by defendants in 1874.
The survey on which the patent to Cartwright issued purports to have been made June 1, 1844, by virtue of a certificate to Daniel Tanner, issued by the clerk…
2Cases cited29 opinions
- Brush v. WareSupreme Court of the United States · 1841
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- Stoddard v. ChambersSupreme Court of the United States · 1844
- State v. DelesdenierTexas Supreme Court · 1851
- Minter v. CrommelinSupreme Court of the United States · 1856
24 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McLeary v. DawsonTexas Supreme Court · 1895
- Decourt v. SproulTexas Supreme Court · 1886
- Frontroy v. AtkinsonCourt of Appeals of Texas · 1907
- Owen v. Presidio Mining Co.Court of Appeals for the Fifth Circuit · 1893
- Yarbrough v. De MartinCourt of Appeals of Texas · 1902
5 more not listed; retrieve them via the Exa API.