Legal Opinion

Holland v. Nance

Texas Supreme Court

Decided December 16, 1908No. 1843PublishedCited by 79 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from Madison County. Actions separately brought by Ella C. B. Ferris and others and by Arthur Holland and others against M. L. Nance and others were consolidated and tried together. Judgment was in favor of Ferris and others, and on appeal by defendants and by Holland and others it was reversed and rendered in favor of Nance and Holland.

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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Madison County. Actions separately brought by Ella C. B. Ferris and others and by Arthur Holland and others against M. L. Nance and others were consolidated and tried together. Judgment was in favor of Ferris and others, and on appeal by defendants and by Holland and others it was reversed and rendered in favor of Nance and Holland. Writs of error were obtained on separate applications by Mrs. Ferris and her co-plaintiffs and by Holland and others.

1Opinion of the CourtJustice Brown

This is a controversy over a tract of land patented to Enoch Latham in which three conflicting titles are asserted. One, which proceeded out of the patentee’s estate through an administrator’s sale, is asserted by Arthur Holland and Mary Louise Morris. Another emanates from the heirs of the patentee through a conveyance made by them after the administrator’s sale, and is asserted by Ella C. Bragg Ferris, Fannie Greye Bragg Geissler, and Mary Pearl Meyer. The third is the claim of the parties in possession, of title by limitation under the five years statute and under deeds from persons…

2Cases cited8 opinions

  1. Crawford v. McDonaldTexas Supreme Court · 1895
  2. Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
  3. Bracken v. JonesTexas Supreme Court · 1885
  4. Schleicher, Admr. v. GatlinTexas Supreme Court · 1892
  5. Weems, Receiver v. MastersonTexas Supreme Court · 1891

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3Cited by79 opinions

  1. Simonds v. Stanolind Oil & Gas Co.Texas Supreme Court · 1938
  2. Bender v. BrooksTexas Supreme Court · 1910
  3. Houston Oil Co. of Texas v. Village Mills Co.Texas Commission of Appeals · 1922
  4. Kirby Lumber Company v. ConnTexas Supreme Court · 1924
  5. McKee v. E. R. StewarTexas Supreme Court · 1942

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