Johnson v. Eldridge
Texas Supreme Court
Appeal from Wise. Tried below before the Hon. J. A. Carroll. July 27,1874, John Eldridge brought an action of trespass to try title in the usual form, in the District Court of Clay county, against Foster Johnson, for 160 acres of land, described in the petition. The defendant pleaded not guilty. At a subsequent term, the parties amended, setting up the facts constituting their respective titles.
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Appeal from Wise. Tried below before the Hon. J. A. Carroll. July 27,1874, John Eldridge brought an action of trespass to try title in the usual form, in the District Court of Clay county, against Foster Johnson, for 160 acres of land, described in the petition. The defendant pleaded not guilty. At a subsequent term, the parties amended, setting up the facts constituting their respective titles. The county-seat of Clay county was located on the laud in controversy, the county claiming under the defendant. December 6, 1875, the plaintiff" filed a motion for change of venue, supported by…
1Opinion of the Court
Moore, Associate Justice.
The land which is the subject-matter of this suit is a part of a survey of 13,366,038 square varas, made on the 1st of September, 1859, by virtue of a certificate for one league and labor of land granted by the District Court of Brazoria county, on the 8th of October, 1857, to D. C. Barrett, the field-notes of which were returned to and filed in the General Land Office on October 11,1859. The certificate itself, however, was not returned to said office until some time in the year 1874. On the 8th of April, 1869, Albert Eldridge, appellee’s vendor, made a location and…
2Cited by18 opinions
- Elliott v. NelsonTexas Supreme Court · 1923
- Shepard v. AveryTexas Supreme Court · 1896
- Schnackenberg v. StateCourt of Appeals of Texas · 1921
- McKinney v. GrassmeyerTexas Supreme Court · 1879
- Clark v. SmithTexas Supreme Court · 1883
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