Reed v. West
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. J. P. Osterhout. This ease was before the Supreme Court at a former term, under the title of Flemming v. Eeed, 87 Tex., 152. The administrator of Michael Eeed’s estate sued for title and partition, claiming one half of a quarter of a league of land patented in the name of Joseph West. The defendant, A. J. West, was sole heir of Joseph West, and Flemming and others were purchasers, and claiming under conveyance from A. J. West.
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Appeal from Bell. Tried below before the Hon. J. P. Osterhout. This ease was before the Supreme Court at a former term, under the title of Flemming v. Eeed, 87 Tex., 152. The administrator of Michael Eeed’s estate sued for title and partition, claiming one half of a quarter of a league of land patented in the name of Joseph West. The defendant, A. J. West, was sole heir of Joseph West, and Flemming and others were purchasers, and claiming under conveyance from A. J. West. The foundation of the suit was an instrument bearing date 16th January, 1836, made by Joseph West with Michael Reed and Z.…
1Opinion of the Court
Gould, Associate Justice.
On a former appeal in this case, it was held by our predecessors that the plaintiff had slept too long on his rights, and that he had shown no sufficient excuse for the delay. After the case was remanded, the plaintiff filed amended petitions, in which he seeks to account for the delay from 1836 to 1848 in making a location, and from 1848 to 1855 in obtaining patent, and also seeks to excuse his failure to sue until the fall of 1868. He shows that the certificate itself was obtained in 1838 by the efforts of Eeed; that it was located first on land which, proving to be…
2Cases cited7 opinions
- Gibbons v. BellTexas Supreme Court · 1876
- Carlisle v. HartTexas Supreme Court · 1864
- Glasscock v. NelsonTexas Supreme Court · 1861
- Smock v. TandyTexas Supreme Court · 1866
- Smith v. Hampton's HeirsTexas Supreme Court · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886
- Robertson v. Du BoseTexas Supreme Court · 1890
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Hill v. MooreTexas Supreme Court · 1892
14 more not listed; retrieve them via the Exa API.