Thorn's Heirs v. Frazer's Heirs
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Trespass to try title against appellants and Amanda Gearheart to recover the land described in the petition. Appellants and Amanda Gearheart answered by general demurrer and plea of not guilty.
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Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Trespass to try title against appellants and Amanda Gearheart to recover the land described in the petition. Appellants and Amanda Gearheart answered by general demurrer and plea of not guilty. Appellees claimed the land by virtue of a patent to the heirs of John S. Thorn, deceased, and deed from David F. and Samuel D. Thorn, as the only heirs of John S. Thorn, to Addison Frazer, from whom they inherited the land. The deed from David F. and Samuel D. Thorn to Addison Frazer was executed May 23, 1860, and recorded July 12, 1876.…
1Opinion of the Court
Watts, J. Com. App.
Robert G. Mitchell, who took the acknowledgment to the deed from Samuel D. and David F. Thorn to Addison Frazer, claimed to and did act as a commissioner for the state of Texas in the state of Georgia. The recitals in the certificate show that he was appointed by H. R. Runnels, governor of this state. Appellants insist that as Eunnels’ term of office had expired prior to the taking of the acknowledgment, that Mitchell’s term had also expired, and that he could not legally exercise the functions of a commissioner.
The statute, after providing for the appointment of…
2Cases cited2 opinions
- Taylor v. HarrisonTexas Supreme Court · 1877
- Vaughan v. GreerTexas Supreme Court · 1873
3Cited by6 opinions
- Long v. SheltonCourt of Appeals of Texas · 1913
- Dallas Hotel Co. v. NewbergCourt of Appeals of Texas · 1922
- State Mut. Life Ins. Co. of Rome v. LongCourt of Appeals of Texas · 1915
- Branch v. WeissCourt of Appeals of Texas · 1900
- Independence Indemnity Co. v. KellCourt of Appeals of Texas · 1933
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