Lewis v. Ames
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. J. D. McAdoo. This is an action of trespass to try title, instituted in the District Court of Cass county on the 4th day of July, 1857, by appellants against appellees, to recover three sections of land now in Marion county, a part of the league and labor surveyed and patented to Robert Potter by virtue of his own headright certificate.
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Appeal from Marion. Tried below before the Hon. J. D. McAdoo. This is an action of trespass to try title, instituted in the District Court of Cass county on the 4th day of July, 1857, by appellants against appellees, to recover three sections of land now in Marion county, a part of the league and labor surveyed and patented to Robert Potter by virtue of his own headright certificate. The venue was subsequently changed to Harrison county, in the 6th district, by reason of the incompetency of W. S. Todd, judge of the 8th district, to try said cause, and after-wards was changed to Marion county,…
1Opinion of the Court
Roberts, Chief Justice.
The appellants, who were plaintiffs below, were entitled to recover the whole of the land sued for, if it was shown that Robert Potter conveyed it by deed and by will to Mrs. Sophia A. Mayfield, that the will was legally probated, and plaintiffs derived the title to Mrs. Sophia A. Mayfield’s interest through a legal administration of her estate, provided Mrs. Harriet A. Ames was not legally the wife of Robert Potter and her children by him legitimate children, in reference to this land, and she has not acquired a right to the land or a part of it by the statute of…
2Cases cited13 opinions
- Carroll v. CarrollTexas Supreme Court · 1858
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- Yates v. HoustonTexas Supreme Court · 1848
- Paschal v. AcklinTexas Supreme Court · 1863
- Smith v. SmithTexas Supreme Court · 1846
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3Cited by25 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Teter v. TeterIndiana Supreme Court · 1885
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- Ingersol v. McWillieCourt of Appeals of Texas · 1895
- Morgan v. MorganCourt of Appeals of Texas · 1892
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