Legal Opinion

Throckmorton v. Davenport

Texas Supreme Court

Decided May 10, 1881No. Case No. 3679PublishedCited by 8 opinions

Error from Erath. Tried below before the Hon. J. E.' Fleming. Suit by Davenport against the county surveyor of Erath county to compel a survey of one hundred and sixty acres of land claimed by him as apre-emptor, and against Satterwhite and Throckmorton, who, it was alleged, were trespassers who had forcibly ejected the plaintiff from possession. The action was dismissed as to the surveyor, and judgment rendered after trial against the other defendants.

1Opinion of the Court

Gould, Associate Justice.

The field notes of the land sued for, as given in plaintiff’s petition, are as follows: “Beginning at the N. E. corner of a survey of 640 acres made for Hugh Maloy for the S. E. corner of this; thence N. 19° E., 950 varas to the N. E. corner of this survey; thence S. 71° W., 950 varas to the'¡¡ST. W. corner of this survey; thence S. 19'' W., 950 varas to the S. W. corner of this survey; thence H. 71° E., 950 varas to the beginning.” The petition contains no other description sufficient to identify the land. In the judgment the field notes are the same with the…

2Cases cited1 opinion

  1. Hall v. JacksonTexas Supreme Court · 1848

3Cited by8 opinions

  1. Smith v. ConnerTexas Supreme Court · 1905
  2. Burnett v. HarringtonTexas Supreme Court · 1883
  3. Martin v. AbbottCourt of Appeals of Texas · 1930
  4. Taylor v. CarterTexas Supreme Court · 1884
  5. Lazarus v. BarrettCourt of Appeals of Texas · 1893

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