Legal Opinion

Burns v. Ross

Texas Supreme Court

Decided October 23, 1888No. 5982PublishedCited by 17 opinions

Appeal from Burnet. Tried below before the Hon. W. A. Blackburn. This is a writ of error from a judgment against Burns, the plaintiff below. The object of the suit is to recover one hundred acres of land in Burnet county—a part of the William Slaughter league.

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Appeal from Burnet. Tried below before the Hon. W. A. Blackburn. This is a writ of error from a judgment against Burns, the plaintiff below. The object of the suit is to recover one hundred acres of land in Burnet county—a part of the William Slaughter league. The case in the petition is that the land had been originally purchased by plaintiff and the consideration therefor paid by him, but the conveyance from the vendor was made to W. B. Boss through whom defendants claim by inheritance, without the knowledge or consent of plaintiff and through the fraud of said Boss. The plaintiffs answered…

1Opinion of the Court

Acker, Judge.

Plaintiff in error brought this suit against defendants in error as heirs and representatives of W. B. Ross, deceased, on the twenty-seventh day of September, 1886, to recover one hundred acres of land, part of the William Slaughter league. It was alleged in the petition that the land was purchased by plaintiff in error, and the consideration therefor furnished by him, but that the conveyance was made to W. B. Ross without plaintiff’s knowledge or consent, and through the fraud and misrepresentation of W. B. Ross.

Defendants in error answered by general denial, not guilty, and…

2Cases cited1 opinion

  1. McKamey v. ThorpTexas Supreme Court · 1884

3Cited by17 opinions

  1. Pearce v. DyessCourt of Appeals of Texas · 1907
  2. Spencer v. PettitCourt of Appeals of Texas · 1924
  3. Murphy v. JohnsonCourt of Appeals of Texas · 1932
  4. Renfro v. RenfroCourt of Appeals of Texas · 1935
  5. Mauritz v. BellCourt of Appeals of Texas · 1934

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