Thomas v. Porter
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. A. S. Broadus. This was a suit filed by appellant against appellees R. W. Porter and M. H. Porter, on the 23d of ¡November, 1874, to cancel a patent held by appellees for one hundred and seventy-seven acres of land, so far as it conflicted with appellant’s claim to one hundred and sixty acres of the land as a pre-emptor.
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Appeal from Burleson. Tried below before the Hon. A. S. Broadus. This was a suit filed by appellant against appellees R. W. Porter and M. H. Porter, on the 23d of ¡November, 1874, to cancel a patent held by appellees for one hundred and seventy-seven acres of land, so far as it conflicted with appellant’s claim to one hundred and sixty acres of the land as a pre-emptor. During the year 1870, appellant was living with his family as a tenant on the farm of appellee R. W. Porter, some three miles from the land in dispute. In December, 1870, or January, 1871, appellant with one son went on the…
1Opinion of the Court
Delaney, J. Com. App.
Appellees insist that, as no members of appellant’s family except himself and one son were upon the land at the date of their location and survey (February 6, 1871), he was not at that time a settler on the land. Appellant had been a tenant for the year 1870 upon the land of one of the parties. Himself and family were for the time residing there. About the close of the year, or, it may be, in the beginning of the next year, he, with his son, took possession of the land in dispute, and commenced improvements. Can this rented place-be properly called his home, merely…
2Cited by5 opinions
- Busk v. LowrieTexas Supreme Court · 1893
- Amsler v. CavittCourt of Appeals of Texas · 1925
- Didier v. WoodwardCourt of Appeals of Texas · 1921
- Amsler v. CavittCourt of Appeals of Texas · 1925
- Glenn v. AshcroftTexas Supreme Court · 1884