Brown v. Christie
Texas Supreme Court
Error from Rusk. Tried below before, the Hon, C. A. Frazer. Trespass to try title, brought by the plaintiff in error against the defendant in error, for three hundred and twenty-six acres of land in Rusk county. The land in controversy was part of the headright of Daniel Clark, deceased, and was sold by B. A. Vansickle as guardian of his minor heir, under an order of the probate court of the county of Rusk.
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Error from Rusk. Tried below before, the Hon, C. A. Frazer. Trespass to try title, brought by the plaintiff in error against the defendant in error, for three hundred and twenty-six acres of land in Rusk county. The land in controversy was part of the headright of Daniel Clark, deceased, and was sold by B. A. Vansickle as guardian of his minor heir, under an order of the probate court of the county of Rusk. The deed of Vansickle, the guardian, to the pur«baser, James N. Brown, recited that the sale was made on the 55th day of November, 1848. An order of confirmation of the sale was made by…
1Opinion of the CourtMoore, J.
The charge of the court below to the jury required them to find for the defendant, unless it clearly appeared from the evidence, that the sale by Vansiekle, as guardian, was made on the first Tuesday of the month. If the instruction given by the learned judge who presided upon the trial of this cause, was in this particular correct, we should, as there is testimony to support the verdict, feel constrained to affirm the judgment, although there is, we think, a strong preponderance of testimony against their finding. We are of the opinion, however, that the charge of the court was, with…
2Cases cited3 opinions
- Howard v. NorthTexas Supreme Court · 1849
- Alexander v. MaverickTexas Supreme Court · 1856
- Peters v. CatonTexas Supreme Court · 1851
3Cited by16 opinions
- Crawford v. McDonaldTexas Supreme Court · 1895
- Ex Parte McKayCourt of Criminal Appeals of Texas · 1917
- Kreis v. KreisCourt of Appeals of Texas · 1931
- Cruse v. O'GwinCourt of Appeals of Texas · 1907
- Waterman Lumber & Supply Co. v. RobinsCourt of Appeals of Texas · 1913
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