Merrill v. Roberts
Texas Supreme Court
Ebbob from Olay. Tried below before the Hon. B. F. Williams. On the 4th day of May, 1880, this suit was brought in the district court of Clay county by W. E. Roberts, Mary E. Roberts and L. P. Lodge, joined by her husband, John Lodge, residents of Texas, against Hamilton W. Merrill, of Hew York, to recover an undivided half of a league of land situated in Wichita county, and to have partition between plaintiffs and defendant; alleging that defendant was in possession of the…
Read the full summary
Ebbob from Olay. Tried below before the Hon. B. F. Williams. On the 4th day of May, 1880, this suit was brought in the district court of Clay county by W. E. Roberts, Mary E. Roberts and L. P. Lodge, joined by her husband, John Lodge, residents of Texas, against Hamilton W. Merrill, of Hew York, to recover an undivided half of a league of land situated in Wichita county, and to have partition between plaintiffs and defendant; alleging that defendant was in possession of the league and that it had been patented to him, but that plaintiffs were equitable owners of half the land; and praying for…
1Opinion of the Court
Delany, J. Com. App.
The third assignment of error is, in effect, that the pleadings of the plaintiffs do not set forth a cause of action upon which the judgment in their favor could be legally rendered.
The principal objection which they make to the petition is the want of any allegation that the headright certificate, issued to their father, had been approved or established by suit; and they refer to a line of decisions like Hughes v. Lane, 6 Tex., 294, and Peck v. Moody, 23 Tex., 94. The authority of these decisions is not questioned ; but they deal with a state of facts in which no patent…
2Cases cited4 opinions
- Reed v. WestTexas Supreme Court · 1877
- Stephens v. SherrodTexas Supreme Court · 1851
- Burkett & Murphy v. ScarboroughTexas Supreme Court · 1883
- Holden v. StateCourt of Appeals of Texas · 1876
3Cited by2 opinions
- Buster v. WarrenCourt of Appeals of Texas · 1904
- Price v. McAnellyCourt of Appeals of Texas · 1926