Kimbro v. Hamilton
Texas Supreme Court
Appeal from Williamson. The case was tried before Hon. Edwabd H. Vontbess, one of the district judges. The appellee, M. C. Hamilton, brought this action of trespass to try title and for damages on the 20th of August, 1859. The land in question was a tract of six hundred and forty acres, in Williamson county, which was patented to the plaintiff, as assignee of William Mullen, on the 15th of Juñe, 1858. The transfer of Mullen’s certificate to the plaintiff was made on the 16th…
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Appeal from Williamson. The case was tried before Hon. Edwabd H. Vontbess, one of the district judges. The appellee, M. C. Hamilton, brought this action of trespass to try title and for damages on the 20th of August, 1859. The land in question was a tract of six hundred and forty acres, in Williamson county, which was patented to the plaintiff, as assignee of William Mullen, on the 15th of Juñe, 1858. The transfer of Mullen’s certificate to the plaintiff was made on the 16th of ¡November, 1887. The defendant, Kimbro, plead a general denial, and answered specially, that he and those under whom…
1Opinion of the CourtDonley, J.
—The court correctly charged the jury, that the statute of limitation of ten years would not commence running against the plaintiff until the legal title was vested in him by the patent, or the equitable title by the location and survey of the land by virtue of a genuine certificate, it clearly appearing that the land was in the government until vested, in the plaintiff; and that by the word “possession,” as used in the statute, may be meant an actual residence on the land, or such cultivation, use, and enjoyment of the same, by visible notorious acts of ownership, as would give notice to the…
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