Stewart v. Cook
Texas Supreme Court
Appeal from Parker. Tried below before the Hon. J. A. Carroll. This was an action of trespass to try title by appellant. There were two patents to the same six hundred and forty acre tract of land; the plaintiff’s, issued in January, 1870, by virtue of the Geo. Taylor certificate, and the defendant’s in February, 1870, by virtue of the M. Huffman certificate. In 1850 Pleasant Thorpe, the real defendant in this cause, came to this country on a surveying expedition.
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Appeal from Parker. Tried below before the Hon. J. A. Carroll. This was an action of trespass to try title by appellant. There were two patents to the same six hundred and forty acre tract of land; the plaintiff’s, issued in January, 1870, by virtue of the Geo. Taylor certificate, and the defendant’s in February, 1870, by virtue of the M. Huffman certificate. In 1850 Pleasant Thorpe, the real defendant in this cause, came to this country on a surveying expedition. He surveyed out this tract, it being then in Milam land district. He intended at that time to apply a certificate belonging to his…
1Opinion of the Court
Willie, Chief Justice.
The land m controversy is situated within the limits of Peters’ colony.
It was surveyed by Thorpe, one of the appellees, in 1850 or 1851, at a time when there was no reservation of the colony lands from general location. A certificate was first applied to the survey in July, 1852, after the reservation took effect, and it is under this certificate that appellant claims. In 1858, after the reservation was removed, another certificate — the M. Huffman—was located upon the same land, and under this location the appellees claim title. Patents were issued upon both…
2Cases cited6 opinions
- Jennings v. De CordovaTexas Supreme Court · 1857
- Wright v. HawkinsTexas Supreme Court · 1866
- Kimmell v. WheelerTexas Supreme Court · 1858
- Moreland v. AtchisonTexas Supreme Court · 1859
- Fowler v. AllredTexas Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Elwood, Arnett & Arnett v. CopelandCourt of Appeals of Texas · 1910