Legal Opinion

Sellers v. Reed

Texas Supreme Court

Decided July 1, 1877PublishedCited by 10 opinions

Appeal from Fayette. Tried below before the Hon. I. B„ McFarland. The Patrick Allison quarter-league grant in Fayette county-contained an excess of 74T-¡y acres. October 14,1844, Robert W. Henry and Alfred Moore, then owning the Patrick Allison one-fourth-league grant, sold to Mary Wilson 700 acres off the northern part of said tract, leaving 411 acres off said quarter of a league, and bounded on the south by a bne running east and west, separating the two tracts.

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Appeal from Fayette. Tried below before the Hon. I. B„ McFarland. The Patrick Allison quarter-league grant in Fayette county-contained an excess of 74T-¡y acres. October 14,1844, Robert W. Henry and Alfred Moore, then owning the Patrick Allison one-fourth-league grant, sold to Mary Wilson 700 acres off the northern part of said tract, leaving 411 acres off said quarter of a league, and bounded on the south by a bne running east and west, separating the two tracts. At the same time, they sold to Samuel T. Cobb 411 acres, being the remaining amount of 411 acres on the southern half of said…

1Opinion of the Court

Moore, Associate Justice.

There can be no doubt that Henry and Moore, by their deeds to Wilson and Cobb, conveyed all the land included in the Patrick Allison grant. These deeds bear date on the same day, and show upon their faces that the sales to Wilson and Cobb were contemporaneous transactions, and also show that the tracts of land conveyed to them bound upon each other. Unless we totally discard the description of the premises intended to be conveyed, contained in these deeds, it is plainly impossible to admit that they have a common boundary, without also conceding that they include the…

2Cases cited1 opinion

  1. Welder v. CarrollTexas Supreme Court · 1867

3Cited by10 opinions

  1. Turner v. SmithTexas Supreme Court · 1933
  2. Stanolind Oil & Gas Co. v. StateTexas Supreme Court · 1937
  3. Great Plains Oil & Gas Co. v. Foundation Oil Co.Texas Supreme Court · 1941
  4. Ware v. McQuinnCourt of Appeals of Texas · 1894
  5. Gulf Oil Corporation v. TimmsCourt of Appeals of Texas · 1938

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