Legal Opinion

Dorn v. Best

Texas Supreme Court

Decided July 1, 1855PublishedCited by 6 opinions

Appeal from. Caldwell. Action by Mortimer T. Dunham and his wife Bathsheba Dunham, as guardians of Emily Best, John Best and Stephen Best, against the appellant, to annul a deed from Margaret Best, deceased, to the appellant, to recover the land embraced therein, being one thousand acres in Caldwell county.

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Appeal from. Caldwell. Action by Mortimer T. Dunham and his wife Bathsheba Dunham, as guardians of Emily Best, John Best and Stephen Best, against the appellant, to annul a deed from Margaret Best, deceased, to the appellant, to recover the land embraced therein, being one thousand acres in Caldwell county. The plaintiffs claimed by virtue of a deed of gift from the said Margaret Best, dated September 10th, 1851. The deed which they sought to annul was dated July 18th, 1851, acknowledged by the said Margaret on the same day, and recorded on the 29th of May, 1852. The plaintiffs alleged that…

1Opinion of the CourtLipscomb, J.

The most material points presented by the record in this case, and those to which we propose confining our remarks, are, first, the recognition of the bond, or covenant, offered in evidence by the appellant, on the ground that it was not sufficiently authenticated by the Clerk of the County Court of Lavaca county, to admit it to record in the county of Caldwell, which was the locus in quo of the land in controversy.' The authentication is in the following words, i. e.:

“ The State op Texas, ) “ County of Lavaca. )

Before Josiah Dowling, Clerk of the County Court in and for, &c., *65“ This day came…

2Cited by6 opinions

  1. Sullivan v. FantCourt of Appeals of Texas · 1913
  2. Downs v. PorterTexas Supreme Court · 1880
  3. Jones v. RobbinsTexas Supreme Court · 1889
  4. Goodhue v. J. Meyers & Co.Texas Supreme Court · 1883
  5. Williams v. CessnaCourt of Appeals of Texas · 1906

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