Turner v. Ferguson
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. E. B. Turner. Suit brought September, 1872, by J. E. Ferguson and his co-plaintiffs, heirs of McGowan, for one hundred and ninety-eight acres of land, patented to the heirs on the 15th day of December, 1871, against J. T. and Mary J. Dulany and S. W. Turner, alleging trespass and ejectment of plaintiffs by Turner, abetted by his co-defendants.
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Appeal from Bell. Tried below before the Hon. E. B. Turner. Suit brought September, 1872, by J. E. Ferguson and his co-plaintiffs, heirs of McGowan, for one hundred and ninety-eight acres of land, patented to the heirs on the 15th day of December, 1871, against J. T. and Mary J. Dulany and S. W. Turner, alleging trespass and ejectment of plaintiffs by Turner, abetted by his co-defendants. On September 6, 1875, plaintiffs, by amendment, alleged that a certain part of the land being vacant public domain, one Dunn had the same surveyed, entered on and improved it, and did the preliminary acts to…
1Opinion of the Court
Gould, Chief Justice.
Ferguson and others, being the heirs of John McGowan, claim the land for which they sue by virtue of a patent to them dated December 15, 1871, the location having been made October 14, 1870. Turneij the defendant, claims that he was an actual occupant in good faith, or settler on the land in controversy, being vacant public domain, at the time of plaintiffs’ file, and that, under the act of August 12, 1870, he, on December 10, 1870, filed the proper affidavit and designation of the land claimed by virtue of his settlement, and in due time had the same surveyed and the…
2Cases cited7 opinions
- Scoby v. SweattTexas Supreme Court · 1866
- Mayer v. RamseyTexas Supreme Court · 1876
- Wheeler v. StylesTexas Supreme Court · 1866
- Jennings v. De CordovaTexas Supreme Court · 1857
- Burleson v. DurhamTexas Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McClintic v. Midland Grocery & Dry Goods Co.Texas Supreme Court · 1913
- Murphy v. JohnsonCourt of Appeals of Texas · 1932
- Busk v. LowrieTexas Supreme Court · 1893
- Gardner v. BurkhartCourt of Appeals of Texas · 1893
- Rogers v. BlackshearCourt of Appeals of Texas · 1910
4 more not listed; retrieve them via the Exa API.