Deen v. Wills
Texas Supreme Court
Appeal from Smith. Tried below before Hon. W. W„ Morris. Action, of trespass to try title. On the trial the appellant gave in evidence the conditional and unconditional certificate of Wm. R. Powell issued by the Board of Land Commissioners for the county of San Augustine, the first dated June, 1838, the latter in September, 1841, to the introduction of which defendant objected ; the Court overruled the objection and allowed them to be read.
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Appeal from Smith. Tried below before Hon. W. W„ Morris. Action, of trespass to try title. On the trial the appellant gave in evidence the conditional and unconditional certificate of Wm. R. Powell issued by the Board of Land Commissioners for the county of San Augustine, the first dated June, 1838, the latter in September, 1841, to the introduction of which defendant objected ; the Court overruled the objection and allowed them to be read. He then offered in evidence the original field notes of survey made by virtue of said certificates in January, 1840. Various other testimony was adduced…
1Opinion of the CourtWheeler, J.
The proof is clear that the defendant had been in the uninterrupted adverse possession of the land in controversy, cultivating and paying taxes upon it, and claiming under a deed recorded, for a period more than sufficient to give title under the 16th Section of the Statute of Limitations. If the proof was made by competent means, it cannot be doubted that he was well entitled to the verdict and judgment. But it is objected to the judgment that the deed of the 24th of December, 1847, under which the defendant claimed, was not duly registered, because not probated for registry in . accordance…
2Cases cited1 opinion
- Jackson ex dem. Merritt v. GumaerNew York Supreme Court · 1824
3Cited by18 opinions
- Sullivan v. FantCourt of Appeals of Texas · 1913
- Kimbro v. HamiltonTexas Supreme Court · 1866
- Coffey v. HendricksTexas Supreme Court · 1886
- Shepard v. AveryTexas Supreme Court · 1896
- Cannon v. CannonTexas Supreme Court · 1886
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