Perry v. Coleman
Texas Commission of Appeals
Appeal from Grayson. Tried below before the Hon.' J. M. Lindsay. June 30, 1874, Perry brought an action of trespass to try title against Y. S. Coleman, D. L. Coleman and H. A. Coleman for a tract of one hundred and sixty-one and one-half acres of land described in the petition, and alleged to have been patented to plaintiff March 26, 1874, under a file made August 25, 1873. The defendants pleaded that on February 11, 1871, they in good faith settled upon a tract of land…
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Appeal from Grayson. Tried below before the Hon.' J. M. Lindsay. June 30, 1874, Perry brought an action of trespass to try title against Y. S. Coleman, D. L. Coleman and H. A. Coleman for a tract of one hundred and sixty-one and one-half acres of land described in the petition, and alleged to have been patented to plaintiff March 26, 1874, under a file made August 25, 1873. The defendants pleaded that on February 11, 1871, they in good faith settled upon a tract of land described substantially as in the petition, but not stating the number of acres, same being vacant public domain;-that…
1Opinion of the CourtA. S. Walker, J.
The construction and effect to be given to “An act for the benefit of actual occupants of the public lands,” taking effect May 26, 1873, must determine this case.
Under the constitution of 1869, and laws passed carrying it into effect, the defendants settled upon the land. They occupied it, making improvements upon it. These acts were done in good faith.
The “ act to regulate the disposal of the public lands of the state of Texas,” of August 12, 1870, and amended May 16, 1871, required such occupants claiming homesteads “to have the same surveyed and the field-notes returned to the land office…
2Cases cited16 opinions
- Hosner v. DeYoungTexas Supreme Court · 1846
- Warren v. ShumanTexas Supreme Court · 1849
- Jennings v. De CordovaTexas Supreme Court · 1857
- Wright v. HawkinsTexas Supreme Court · 1866
- Todd v. Fisher & MillerTexas Supreme Court · 1862
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