Legal Opinion

Burkett v. Scarborough

Texas Supreme Court

Decided October 15, 1883Published

Appeal from Milam County. STATEMENT. Appellee brought his suit against appellants in the district court of Milam county, averring that he was seized and possessed on 21st, June, 1881, of 300 acres of land, a part of the one-third'league patented to the heirs of Mariana Moro, Jr., in Milam county, Texas.

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Appeal from Milam County. STATEMENT. Appellee brought his suit against appellants in the district court of Milam county, averring that he was seized and possessed on 21st, June, 1881, of 300 acres of land, a part of the one-third'league patented to the heirs of Mariana Moro, Jr., in Milam county, Texas. That defendants entered on this 300 acre tract of land and removed therefrom 432 cords of wood belonging to plaintiff,of the value of one thousand dollars, for which as well as five hnndred dollars vindictive damages, he prays judgment. Defendants answer by plea not guilty, and general denial.…

1Opinion of the Court

Opinion by

West, J.

In this case, the action of the board of land commissioners of the county of Nacogdoches, had on the 39th, day of March 1838 in deciding that Mariano Moro Sr., and his wife were the heirs of Mariano Moro Jr., and in issuing to them the head right third of a league certificate as such heirs must be held conclusive of their fight to the certificate in question, whether such determination,was correct or not.

The previous decisions ot tins court, nave ueen to tne effect, that after the very great lapse of time, that has transpired since these early transactions took place, that…

2Cases cited9 opinions

  1. Whitehead v. FoleyTexas Supreme Court · 1858
  2. Babb v. CarrollTexas Supreme Court · 1858
  3. Howard v. ColquhounTexas Supreme Court · 1866
  4. Todd v. Fisher & MillerTexas Supreme Court · 1862
  5. Merriweather v. KennardTexas Supreme Court · 1874

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