Gambrell v. Steele
Texas Supreme Court
Error from McLennan. Tried below before the Hon. L. C. Alexander. Suit by Wm. Steele in trespass to try title against B. O. Gambrell in his life-time, to recover one hundred and sixty acres of land in McLennan county.
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Error from McLennan. Tried below before the Hon. L. C. Alexander. Suit by Wm. Steele in trespass to try title against B. O. Gambrell in his life-time, to recover one hundred and sixty acres of land in McLennan county. The petition alleged that in October or November, 1812, the land was vacant public domain; that on the 20th of October, 1872, Mrs. Sarah Shamblin settled on it, under pretense of pre-empting it; that she neither at the time of the settlement, nor at any other time, made the affidavit required by law to entitle her to the land; that no lawful survey was made of it for her; that…
1Opinion of the Court
Bonner, Associate Justice.
In our opinion, there is a controlling question in this case which leads to an affirmance of the judgment below, and renders unnecessary an investigation of all the numerous errors assigned. Some of these do not seem to be seriously insisted upon, as they are merely stated in the brief of counsel without reference to authorities, and one of them, the twelfth, is too general.
From the testimony in the case, it appears that at the time B. O. Gambrell purchased Mrs. Shamblin’s preemption claim in controversy, and for seven months thereafter, he had a homestead of his…
2Cases cited1 opinion
- Woolfolk v. RicketsTexas Supreme Court · 1874
3Cited by5 opinions
- Murphy v. JohnsonCourt of Appeals of Texas · 1932
- Johnson v. TownsendTexas Supreme Court · 1890
- Garrison v. GrantTexas Supreme Court · 1882
- Baker v. BurroughsCourt of Appeals of Texas · 1893
- Witherspoon v. OlcottCourt of Appeals for the Fifth Circuit · 1902