Clark v. Smith
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Trespass to try title, and for rents and profits, brought by appellee’s intestate, July 25, 1877, for the W. L. Mann six hundred and forty acre headright survey.
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Trespass to try title, and for rents and profits, brought by appellee’s intestate, July 25, 1877, for the W. L. Mann six hundred and forty acre headright survey. Appellant answered, disclaiming all title and possession of Mann’s survey, except one hundred and sixty acres known as the P. H. Clark pre-emption survey, and set up a claim by virtue of his settlement thereon and pre-emption thereof as required by law in January, 1871, claiming that he had continuous possession from that time, as a homestead, and had fulfilled all the…
1Opinion of the Court
West, Associate Justice.—
The appellant, under the previous decisions of this court, could not, under his pre-emption claim, avail himself of the three years or five years’ statute of limitation. "No right of pre-emption could be acquired in land already held by a private individual under a patent, or a location and survey upon which he was by law entitled to a patent. Such pre-emption right can only attach to an actual occupation, in accordance with the provisions of law, of vacant land belonging to the state, and" subject to pre-emption. Sutton v. Carabajal, 26 Tex., 500; Buford v. Bostwick,…
2Cases cited8 opinions
- Gullett v. O'ConnorTexas Supreme Court · 1881
- Buford v. BostickTexas Supreme Court · 1882
- Johnson v. EldridgeTexas Supreme Court · 1878
- Miller v. BrownsonTexas Supreme Court · 1879
- Sutton v. CarabajalTexas Supreme Court · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hanrick v. DoddTexas Supreme Court · 1884
- Besson v. RichardsCourt of Appeals of Texas · 1900
- Garrison v. ArnettCourt of Appeals of Texas · 1910
- Wolffarth v. De LayCourt of Appeals of Texas · 1911
- Morrow v. ConowayCourt of Appeals of Texas · 1913