Scott v. Mather
Texas Supreme Court
Appeal from Shelby. Trespass to try title by the appellees against appellant. The facts were as follows: The plaintiffs claimed title under a patent issued in 1849, on a headright which had been issued and surveyed on the land in controversy in 1838, and which, not being recommended by the travelling board, was established by suit commenced in April, 1847. The defendant claimed title under a location and survey of a headright certificate, made in December, 1846; and…
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Appeal from Shelby. Trespass to try title by the appellees against appellant. The facts were as follows: The plaintiffs claimed title under a patent issued in 1849, on a headright which had been issued and surveyed on the land in controversy in 1838, and which, not being recommended by the travelling board, was established by suit commenced in April, 1847. The defendant claimed title under a location and survey of a headright certificate, made in December, 1846; and suggested possession for one year before suit commenced, and improvements in good faith. Defendant proved that he went into the…
1Opinion of the Court
Hemphill, Ch. J.
This action was brought by the appellees to try title to a tract of land. The judgment was in their favor and the defendant has appealed. Several errors have been assigned, none of which need be noticed, except that in relation to the refusal or modifcation of the fourth charge asked by the defendant. The points involved in the other assignments have been ruled against the defendant in Warren v. Shuman, 5 Tex. R. 441; Lewis v. Mixon, 11 Id. 564; and Hart v. Gibbons, decided at this Term.
The Court, by the fourth charge asked by defendant, was requested to instruct the jury,…
2Cases cited1 opinion
- Green v. BiddleSupreme Court of the United States · 1823
3Cited by10 opinions
- Humble Oil & Refining Co. v. StateCourt of Appeals of Texas · 1942
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Dorn v. DunhamTexas Supreme Court · 1859
- Murphy v. BensonCourt of Appeals of Texas · 1922
- Van Valkenburg v. RubyTexas Supreme Court · 1887
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