Dorn v. Dunham
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. Fielding Jones. This was a suit commenced on the 17th March, 1858, by Mortimer T. Dunham, and his wife, Bathsheba Dunham, formerly Bathsheba Best, and widow of E. W. Best, deceased, as guardians of Emily N. Best, John Best, and Stephen Best, the minor heirs of the said E. W. Best, against Robert Dorn and Stephen Best, for the recovery of, and quieting of the title to 1000 acres of land, conveyed to the said minor heirs by…
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Error from Gonzales. Tried below before the Hon. Fielding Jones. This was a suit commenced on the 17th March, 1858, by Mortimer T. Dunham, and his wife, Bathsheba Dunham, formerly Bathsheba Best, and widow of E. W. Best, deceased, as guardians of Emily N. Best, John Best, and Stephen Best, the minor heirs of the said E. W. Best, against Robert Dorn and Stephen Best, for the recovery of, and quieting of the title to 1000 acres of land, conveyed to the said minor heirs by Margaret Best, their grandmother. Margaret Best was the owner of 2000 acres, (an undivided interest in a tract of land on…
1Opinion of the CourtWheeler, C. J.
It is not questioned, that the plaintiffs were entitled to recover, by virtue of the deed of the 10th of September, 1851, if the defendant, Dorn, had acquired no title, legal or equitable, to the land in controversy. It is material, therefore, to inquire as to his title at the date of the conveyance from Mrs. Best to the plaintiffs. When the contract of the 10th of August, 1850, was entered into between Mrs. Best and Dorn, it appears that Mrs. Best was tenant in common with others, having an undivided interest of 2000 acres in the league, of which the land in controversy is a part; until…
2Cases cited7 opinions
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