Franks v. Hancock
Texas Commission of Appeals
Appeal from Guadalupe. Tried below before the Hon. J. A. Ware. This suit was instituted on the 25th Movember, 1871, by Hancock against Franks and others, alleging that he is the owner of an undivided interest of one-fourth of the lower half of the Darst league and two-fifths of one-fourth of the same half league on the Guadalupe river in Gonzales county, and that the defendants are tenants in common with him of said half league, and praying partition of the same.
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Appeal from Guadalupe. Tried below before the Hon. J. A. Ware. This suit was instituted on the 25th Movember, 1871, by Hancock against Franks and others, alleging that he is the owner of an undivided interest of one-fourth of the lower half of the Darst league and two-fifths of one-fourth of the same half league on the Guadalupe river in Gonzales county, and that the defendants are tenants in common with him of said half league, and praying partition of the same. The plaintiff sets out his title as follows: That Jacob C. Darst, with his wife, Margaret, and two of his children, emigrated to…
1Opinion of the CourtQuinan, J.
It is not necessary for the determination o£ this case that we should consider these assignments in detail.
The important questions presented are, whether Bosetta Darst, the mother of the plaintiff, and under whom he claims, was an alien and incapable by the law of inheriting from her father the land in controversy; whether, if not, her right has been forfeited or lost by lapse of time; whether the plaintiff has made good his title to the land and the quantity for which he recovered judgment, or is barred by the laws of limitation; and whether the judgment of the court, in the disposition of…
2Cases cited13 opinions
- Arnold v. CaubleTexas Supreme Court · 1878
- Buffalo Bayou Ship Channel Co. v. BrulyTexas Supreme Court · 1876
- Willis v. GayTexas Supreme Court · 1878
- Baily v. TrammellTexas Supreme Court · 1863
- Russell's heirs v. RandolphTexas Supreme Court · 1854
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