Harlan's Heirs v. Haynie
Texas Supreme Court
Appeal from Grimes. This was ail action of trespass to try title. The appellee brought the suit against the ancestor and intestate of the appellants. Ho based his claim to the land in controversy upon a deed alleged, to have been executed by William II.
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Appeal from Grimes. This was ail action of trespass to try title. The appellee brought the suit against the ancestor and intestate of the appellants. Ho based his claim to the land in controversy upon a deed alleged, to have been executed by William II. Steele, a special commissioner appointed to expedite (lie title in conformity witli a grant or concession made by Viesca, Governor of Coalniila and Texas, on the 20th of April, 1830. The deed of Steele was without date, but the petition slated it was made in February, 1835. The appellee’s original application for the grant was dated October…
1Opinion of the Court
CampbelTj, S. J.
Preliminary to the examination of Haynie’s title, an objection urged by his counsel makes it necessary for us to ascertain whether it is prop -rly before us. It is objected that, inasmuch as the record does not show a disagreement of the counsel conducting the cause in the District Court, the judge had no right to certify a statement of facts. To this I cannot assent. iCis true that counsel must disagree before the judge is authorized to make out a statement, but it is not therefore true that such disagreement should appear of record. The latter part of the 135th section of…
2Cited by8 opinions
- McManus v. WallisTexas Supreme Court · 1880
- Butcher v. TinkleCourt of Appeals of Texas · 1944
- Darcy v. John Turner & Co.Texas Supreme Court · 1876
- Sabine & East Texas R'y Co. v. JoachimiTexas Supreme Court · 1883
- Cox v. OlivardCourt of Appeals of Texas · 1972
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