Kirby Lumber Co. v. Adams

LAWHON, Justice.

This is the second appeal in this case. The opinion of this court on the former appeal is found in 291 S. W. 279.

On the 24th day of May, 1836, David G. Burnett executed a power of attorney to Thos. Tobey of New Orleans, La., appointing him as agent of the Republic of Texas, to sell public lands of Texas for the purpose of raising money for the government. Thos. Tobey, under this power of attorney, issued scrip for certain lands, and in 1839 B. F. Mott, deputy surveyor of Jefferson county, surveyed for holders of this scrip a number of sections of land lying immediately north…