Legal Opinion

Turner v. Ferguson

Texas Supreme Court

Decided July 1, 1873PublishedCited by 1 opinion

Appeal from Bell. Tried below before the Hon. J. P. Osterhout. J. E. Ferguson brought an action of trespass to try title against S. W. Turner for one hundred and sixty acres of land, alleged to have been patented to plaintiff on December 15, 1871. Turner, defending, claimed the land as a pre-emption, under the act of twelfth of August, 1870, granting a homestead to actual settlers on vacant public domain ; alleging that on tenth of December, 1870, he had made application…

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Appeal from Bell. Tried below before the Hon. J. P. Osterhout. J. E. Ferguson brought an action of trespass to try title against S. W. Turner for one hundred and sixty acres of land, alleged to have been patented to plaintiff on December 15, 1871. Turner, defending, claimed the land as a pre-emption, under the act of twelfth of August, 1870, granting a homestead to actual settlers on vacant public domain ; alleging that on tenth of December, 1870, he had made application under the law to appropriate the land as a homestead ; that he had had a survey made on ninth of March, 1871, and on…

1Opinion of the CourtWalker, J.

Turner, the appellant, claims title to the one hundred and sixty acres of land involved in this suit by pre-emption.

The appellee claims the same land under a patent of subsequent date to Turner’s pre-emption.

On the trial the court permitted the appellee to offer evidence of a title not set up in his pleadings, which we think was error.

And, moreover, we are of opinion that the title of Turner could not be defeated by the title as claimed through Dunn and Isaacs. Dunn had previously pre-empted the land, but had abandoned his claim. Isaacs, setting up some kind of a claim to it, leased it to…

2Cases cited3 opinions

  1. Jennings v. De CordovaTexas Supreme Court · 1857
  2. Fowler v. AllredTexas Supreme Court · 1859
  3. Kohlhass v. LinneyTexas Supreme Court · 1862

3Cited by1 opinion

  1. Christian v. JoynerCourt of Appeals of Texas · 1935

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