Walker v. Emerson
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. James H. Bell. The bond for title was as follows:— September 28th, 1841. Republic of Texas, County of Colorado. This indenture witnesseth, that for and in consideration of the sum of eighty-five dollars in hand paid, the receipt whereof is hereby acknowledged, I, Hiram Emerson, of the aforesaid Republic and county of.
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Appeal from Colorado. Tried below before the Hon. James H. Bell. The bond for title was as follows:— September 28th, 1841. Republic of Texas, County of Colorado. This indenture witnesseth, that for and in consideration of the sum of eighty-five dollars in hand paid, the receipt whereof is hereby acknowledged, I, Hiram Emerson, of the aforesaid Republic and county of. Fayette, have this day and date bargained and sold, and do by these presents bargain and sell unto John Izard, of the above Republic and county, his heirs or assigns, a piece, parcel, or tract of land, known as the former…
1Opinion of the CourtRoberts, J.
This suit, of trespass to try title, was instituted in 1856. The plaintiff, Emerson, claimed the land by regular chain of title down to himself. Defendant, Walker, claimed the same under a bond for title from Emerson to Izard, executed in 1841; a sale of it as Izard’s property, in 1844, under execution; and other conveyances down to Walker. It was shown that Izard went into possession and made improvements on the land, upon making the purchase; and that it has generally been occupied, though perhaps not constantly, by those holding under Izard’s bond, and never in the possession of Emerson,…
2Cited by18 opinions
- Weems, Receiver v. MastersonTexas Supreme Court · 1891
- Keys v. MasonTexas Supreme Court · 1875
- Webster v. MannTexas Supreme Court · 1880
- Huggins v. JohnstonCourt of Appeals of Texas · 1927
- Texlouana Producing & Refining Co. v. WallTexas Commission of Appeals · 1924
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