Legal Opinion

Farris v. Gilbert

Texas Supreme Court

Decided July 1, 1878PublishedCited by 15 opinions

Appeal from Red River. Tried below before the Hon. Joseph Bledsoe. January 7, 1874, James M. Gilbert brought an action of trespass to try title in the ordinary form, in the District Court of Red River county, against Isham Farris, for a tract of three hundred and twenty acres of land, “ a part of the original survey located and patented by virtue of the headlight, certificate for twelve hundred and eighty acres of land granted by the board of hind commissioners of Red River…

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Appeal from Red River. Tried below before the Hon. Joseph Bledsoe. January 7, 1874, James M. Gilbert brought an action of trespass to try title in the ordinary form, in the District Court of Red River county, against Isham Farris, for a tract of three hundred and twenty acres of land, “ a part of the original survey located and patented by virtue of the headlight, certificate for twelve hundred and eighty acres of land granted by the board of hind commissioners of Red River county to the heirs of Joseph Farris.” The field-notes of the survey were also given. Pending the suit Isham Farris…

1Opinion of the Court

Moore, Associate Justice.

The objection to the reading of the administrator’s report of the sale of six hundred and forty acres of the certificate issued to the heirs of Joseph Farris, deceased, under which the land in controversy was surveyed and patented, was properly overruled. The only objection taken to it was that the order of the court authorizes the sale of land, and not a certificate for land. Where it is necessary to do so, we may, unquestionably, look to the application for the proper interpretation and understanding of the order made by the court upon such application. If we do so…

2Cases cited1 opinion

  1. Williams v. ChildressMississippi Supreme Court · 1852

3Cited by15 opinions

  1. Parker v.SpencerTexas Supreme Court · 1881
  2. Glasscock v. HughesTexas Supreme Court · 1881
  3. Hunt v. EvansCourt of Appeals of Texas · 1921
  4. Smith v. EstillTexas Supreme Court · 1894
  5. MacKechney v. Temple Lumber Co.Court of Appeals of Texas · 1917

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