Masterson v. Howard
Supreme Court of the United States
Appeal from the Circuit Court for the Western District of Texas; the case being thus: On the 17th of February, 1851, Bainbridge Howard, a citizen of Louisiana, filed his bill in the court below against a certain Herndon, and one Maverick, residents of Texas, setting forth that “ on or about the 22d November, A. D. 1766, the government of Spain, according to the forms of law and by the regularly constituted officers of the government, granted to the Indians of the population…
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Appeal from the Circuit Court for the Western District of Texas; the case being thus: On the 17th of February, 1851, Bainbridge Howard, a citizen of Louisiana, filed his bill in the court below against a certain Herndon, and one Maverick, residents of Texas, setting forth that “ on or about the 22d November, A. D. 1766, the government of Spain, according to the forms of law and by the regularly constituted officers of the government, granted to the Indians of the population of. the Mission of San José, a certain tract or parcel of land, situated, lying, and being in what is now the county of…
1Opinion of the CourtJustice Field
delivered the opiuiou of the court.
It is unnecessary to determine whether the decree against Maverick, entered in January, 1861, is to be deemed final or interlocutory. The subsequent decree against Herndon, entered in June, 1866, is in form against both of the defendants. The court below, in its subsequent proceedings, treated the latter decree as the one which finally determined the rights of the parties iii the case, and from that decree the appeal is taken.
It is also unnecessary to determine whether the court erred in striking Herndon’s answer from the files, as his assignee makes no…
2Cited by19 opinions
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