Legal Opinion

Berry v. Harnage

Texas Supreme Court

Decided July 1, 1873PublishedCited by 6 opinions

Appeal from Busk. Tried below before the Hon. J. B. Williamson. This was a suit by Henry Berry to establish boundary of lands that he claimed to own on the Daniel Reed league, diaiming the west fourth of the league. Harnage and his co-defendants denied that Berry had any interest in the land, and pleaded the statutes of limitation, and treated Berry’s suit as an action in trespass to try title.

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Appeal from Busk. Tried below before the Hon. J. B. Williamson. This was a suit by Henry Berry to establish boundary of lands that he claimed to own on the Daniel Reed league, diaiming the west fourth of the league. Harnage and his co-defendants denied that Berry had any interest in the land, and pleaded the statutes of limitation, and treated Berry’s suit as an action in trespass to try title. Berry claimed the west fourth of the Daniel Reed league under deeds from Reed, the grantee. Title issued to Reed, May 16, 1835, who sold and conveyed the west fourth to Alexander Jordan, October-10,…

1Opinion of the CourtMcAdoo, J.

This suit is brought in the court below by the appellant, as plaintiff, against the appellees, as defendants, setting up that he is. the owner, jointly with defendants, of a portion of the D. Reed headright league of land; that he owns the west quarter of said league, and prays for a partition of the land according to his rights. He alleges that he is and has been in possession of the land claimed by him since about the year 1857, and those under whom he claims were in possession since 1855.

The defendants deny that the plaintiff has title to any of the land claimed by him, but claim the whole…

2Cited by6 opinions

  1. Frost v. Erath Cattle Co.Texas Supreme Court · 1891
  2. Binge v. Gulf Coast Orchards Co.Court of Appeals of Texas · 1936
  3. Friedman v. Worthy FabricsCourt of Appeals of Texas · 1960
  4. Reiser v. JenningsCourt of Appeals of Texas · 1940
  5. Moss v. BerryTexas Supreme Court · 1880

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