Bowmer v. Hicks
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. Hat. M. Burford. Suit by appellees, Mary Hicks and others, as heirs of Milton Hicks, deceased, for one league of land, located and surveyed on the 15th of April, 1849, by virtue of the head-right certificate of the said Milton Hicks, deceased; and also to remove a cloud from their title, occasioned by the wrongful claim which the appellants set up to the said land, under a title issued by William H. Steele, commissioner, to…
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Appeal from Williamson. Tried below before the Hon. Hat. M. Burford. Suit by appellees, Mary Hicks and others, as heirs of Milton Hicks, deceased, for one league of land, located and surveyed on the 15th of April, 1849, by virtue of the head-right certificate of the said Milton Hicks, deceased; and also to remove a cloud from their title, occasioned by the wrongful claim which the appellants set up to the said land, under a title issued by William H. Steele, commissioner, to Elisha D. Harmon, as a colonist in Robertson’s colony, on the 7th of Hovemher, 1885, and which appellees charged was…
1Opinion of the Court
Wheeler, Ch. J.
It is evident, from the record, that the question on Avhich the decision of this case was made to turn at the trial, was, whether the defendant, Fisk’s vendor, Harmon, was domiciled in the country, at the time he obtained the grant. It yyas assumed that, if he had not his domicil in the country, at the time, the grant was void. Thus the court instructed the jury that, “If, at the date of the “issuance of the title to Harmon, he Ayas not domiciliated “in Texas, but was a citizen of, and domiciliated in the “ State of Illinois, in the United States of America, then the “ title…
2Cases cited4 opinions
- Johnston v. SmithTexas Supreme Court · 1858
- Heirs of Holliman v. PeeblesTexas Supreme Court · 1846
- Yates v. IamsTexas Supreme Court · 1853
- Swift v. HerreraTexas Supreme Court · 1852
3Cited by7 opinions
- Stephenson v. MarsalisCourt of Appeals of Texas · 1895
- Howard v. ColquhounTexas Supreme Court · 1866
- Decourt v. SproulTexas Supreme Court · 1886
- Burkett & Murphy v. ScarboroughTexas Supreme Court · 1883
- State v. Sunray DX Oil CompanyCourt of Appeals of Texas · 1973
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