Lazarus v. Phelps
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OR THE UNITED STATES ROE THE NORTHERN DISTRICT OR TEXAS. This was an action brought in the Circuit Court of the United States for the Northern District of Texas, September 17, 1888, by William Walter Phelps, to recover of the plaintiff in error, Sam. Lazarus, the rental value of 176,000 acres of land in Texas, from April 15, 1887, at eight cents per acre per annum.
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ERROR TO THE CIRCUIT COURT OR THE UNITED STATES ROE THE NORTHERN DISTRICT OR TEXAS. This was an action brought in the Circuit Court of the United States for the Northern District of Texas, September 17, 1888, by William Walter Phelps, to recover of the plaintiff in error, Sam. Lazarus, the rental value of 176,000 acres of land in Texas, from April 15, 1887, at eight cents per acre per annum. The facts of the case, as shown by the pleadings and proofs, were substantially as follows: In 1882 Phelps’s vendor leased these lands, the sections of which alternated with sections owned by the Texas…
1Opinion of the CourtJustice Brown
But a single error is assigned to the action of the court below, and that is to the charge that defendant was liable to the plaintiff for the value of the use and occupation of the plaintiff’s land, if he had in the common enclosure more cattle than were sufficient to consume the grass on the lands leased of the State of Texas by the defendant.
The defendant, upon the contrary, requested the court to charge that “in Texas, the law is that the owner of stock is not required to keep them in an enclosure, or to prevent them from ranging on the land of others; and that the owner of land trespassed…
2Cases cited5 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Buford v. HoutzSupreme Court of the United States · 1890
- Pace v. PotterTexas Supreme Court · 1893
- Sabine & East Texas R'y Co. v. JohnsonTexas Supreme Court · 1886
- Otis v. MorganSupreme Court of Iowa · 1883
3Cited by50 opinions
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- Garcia v. SumrallArizona Supreme Court · 1942
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