Watson v. Hopkins
Texas Supreme Court
Appeal from Red River. Tried below before the Hon. W. S. Todd. On the 21st of November, 1854, Hopkins, the appellee, filed his petition in the District Court of Red River county, alleging that he Was the owner of an undivided one-half of a third of a league of land, located and surveyed by virtue of the headright certificate of Abner H. McKenzie, and that the unknown heirs of Robert Hamilton, deceased, and the unknown heirs of William F. Hamilton, deceased, were the reputed…
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Appeal from Red River. Tried below before the Hon. W. S. Todd. On the 21st of November, 1854, Hopkins, the appellee, filed his petition in the District Court of Red River county, alleging that he Was the owner of an undivided one-half of a third of a league of land, located and surveyed by virtue of the headright certificate of Abner H. McKenzie, and that the unknown heirs of Robert Hamilton, deceased, and the unknown heirs of William F. Hamilton, deceased, were the reputed owners of the other undivided half of the survey. He prayed for citation of said heirs, for partition and general…
1Opinion of the CourtMoore, J.
The power of attorney from A. H. McKenzie to John W. P. McKenzie was properly excluded by the court from the jury. There was not even an offer to prove its execution when offered in evidence, nor was it admissible as a duly recorded instrument, because the proof upon which it was admitted to record, did not conform to the statute. Nor was the contents of the power of attorney pertinent to any issue in this case. It did not authorize the sale by the attorney of the land of his principal, or otherwise sanction his divesting him of title to it; it could therefore have had no significance in this…
2Cases cited2 opinions
- Town of St. Albans v. BushSupreme Court of Vermont · 1832
- Holbert v. Montgomery's AdministratorsCourt of Appeals of Kentucky · 1837
3Cited by19 opinions
- Ochoa v. MillerTexas Supreme Court · 1883
- Grant v. EllisTexas Commission of Appeals · 1932
- Snowden v. RushTexas Supreme Court · 1888
- Allen v. WoodsonTexas Supreme Court · 1884
- Askew v. RountreeCourt of Appeals of Texas · 1938
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