King v. Elson
Texas Supreme Court
Appeal from Auclerson. The case was tried before Hon. L. W. Cooper, one of the district judges. There was no question about the plaintiff’s title, or the exact extent of the conflict with the supposed outstanding grant of Acosta.
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Appeal from Auclerson. The case was tried before Hon. L. W. Cooper, one of the district judges. There was no question about the plaintiff’s title, or the exact extent of the conflict with the supposed outstanding grant of Acosta. The plaintiffs claimed under the patentee; the defendants did not claim under the Acosta grant, but set it up as an outstanding title; and the case was made to turn upon the question as to whether Jones, the original patentee, from whom plaintiffs derived title, had notice of this unrecorded grant, or was put upon reasonable inquiry in regard to it. Thomas W. Elson,…
1Opinion of the CourtMoore, C. J.
The jury were instructed, by the charge of the court, to find a verdict for appellees, the plaintiffs below, if they had shown a regular chain of title for the land in controversy from the state down to themselves, unless the appellants had shown by the evidence a superior *252outstanding title, under which they claimed. The charge doubtless was hastily drawn, and given in the form found in the record through inadvertence. It is evidently erroneous. If there was a superior outstanding title for the land in suit, or any part of it, the appellants were undeniably entitled to set up such title as a…
2Cases cited6 opinions
- Guilbeau v. MaysTexas Supreme Court · 1855
- Byrne v. FaganTexas Supreme Court · 1856
- Wilson v. WilliamsTexas Supreme Court · 1860
- Musquis v. BlakeTexas Supreme Court · 1859
- Word v. McKinneyTexas Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States Fire Insurance Company v. CarterCourt of Appeals of Texas · 1971
- Adams & Wicks v. HouseTexas Supreme Court · 1884
- Kinner Transportation & Enterprises, Inc. v. StateCourt of Appeals of Texas · 1981
- Ross v. SutterCourt of Appeals of Texas · 1920