Kolb v. Bankhead
Texas Supreme Court
Appeal from Freestone. Tried below before the Hon. Henry J. Jewett. Suit by appellee against appellant, for that (after describing the land and alleging title and possession thereof in plaintiff) your petitioner being so the lawful owner and possessor of said land, the said Kolb, on or about the third day of April, A. D. 1854, with force and arms unlawfully entered the close of your petitioner on said land, and with force and arms, did unlawfully cut and fell the timber then…
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Appeal from Freestone. Tried below before the Hon. Henry J. Jewett. Suit by appellee against appellant, for that (after describing the land and alleging title and possession thereof in plaintiff) your petitioner being so the lawful owner and possessor of said land, the said Kolb, on or about the third day of April, A. D. 1854, with force and arms unlawfully entered the close of your petitioner on said land, and with force and arms, did unlawfully cut and fell the timber then and there growing upon said land, and, with force and arms, then and there unlawfully removed the same from the said…
1Opinion of the CourtWheeler, J.
The principal question is, whether it was necessary, to enable the plaintiff to maintain this action, that he should have deraigned his title from the Government. And we are of opinion that it was not. He had been in possession, holding under a deed of conveyance purporting to be from the original grantee, duly proved and recorded. His title was *232generally known and recognized, and his actual possession continued down to a period shortly before the trespass ; and its discontinuance is explained in such a manner as to raise no presumption against his right. The deed, the prior possession, and…
2Cases cited1 opinion
- Downer v. RichardsonSupreme Court of Vermont · 1837
3Cited by32 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
- Land v. TurnerTexas Supreme Court · 1964
- Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
- Wolf v. PerrymanTexas Supreme Court · 1891
- Gulf, Colorado & Santa Fe Railway Co. v. CusenberryTexas Supreme Court · 1894
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