Legal Opinion

Freeman v. Mahoney

Texas Supreme Court

Decided November 29, 1882No. Case No. 1212PublishedCited by 24 opinions

Error from McLennan. Tried below before the Hon. L. C. Alexander. Plaintiffs in error filed their petition March 15, 1876, against defendants in error in the district court of McLennan county, in tres- ■ pass to try title to two tracts of land therein described, claiming the same as the separate property of Mary E. Freeman, and alleging . damages at $1,000. Defendants in error answered April 1, 1876,1st, general demurrer; 2d, not guilty.

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Error from McLennan. Tried below before the Hon. L. C. Alexander. Plaintiffs in error filed their petition March 15, 1876, against defendants in error in the district court of McLennan county, in tres- ■ pass to try title to two tracts of land therein described, claiming the same as the separate property of Mary E. Freeman, and alleging . damages at $1,000. Defendants in error answered April 1, 1876,1st, general demurrer; 2d, not guilty. May 24, 1877, defendants in error filed an amended answer averring good faith and $4,000 for valuable -improvements. On the 7th of June, 1878, no jury having…

1Opinion of the Court

Stayton, Associate Justice.

The only question involved in this cause is whether the land sued for, and patented to B. C. Wallace and E. J. Lowery, is covered by the older grant made to T. J. Chambers; for if so, the defendants claiming under that grant must prevail.

The time when the grant to T. J. Chambers was made does not appear in the record, but it is evident therefrom that it was made prior to the grants to S. Rice, John Hobson and John Morrow’, which were made, or at least located and surveyed, as early as 1848.

The field notes of the three grants last above named each give the northern…

2Cited by24 opinions

  1. Camp v. Gulf Production Co.Texas Supreme Court · 1933
  2. Gregg v. HillTexas Supreme Court · 1891
  3. Wofford v. MillerCourt of Appeals of Texas · 1964
  4. Moore v. StewartTexas Supreme Court · 1887
  5. Matthews v. ThatcherCourt of Appeals of Texas · 1903

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