Crockett v. Robinson
Texas Supreme Court
Error from Dallas. Tried below before E. P. Nicholson, Esq., appointed by the parties. Suit by George L. Lenard, appellant’s testator, against John B. Robinson, to recover Section twenty-nine, in Township one, south of the first base line, Range one, east of the principal meridian, in Peters’ colony. Answer of not guilty and general denial. At the trial, after hearing the evidence, the jury was waived, and the Court gave judgment for the defendant.
Read the full summary
Error from Dallas. Tried below before E. P. Nicholson, Esq., appointed by the parties. Suit by George L. Lenard, appellant’s testator, against John B. Robinson, to recover Section twenty-nine, in Township one, south of the first base line, Range one, east of the principal meridian, in Peters’ colony. Answer of not guilty and general denial. At the trial, after hearing the evidence, the jury was waived, and the Court gave judgment for the defendant. There was a bill of exceptions as follows:— Be it remembered, that on the trial of this cause, the plaintiff, after introducing in evidence the…
1Opinion of the CourtWheeler, J.
The ground on which the plaintiff’s evidence was excluded evidently was, that his residence was outside of the lines of the section of land which he claimed as a colonist. It included his improvements, but not his residence; and the question is, whether, where the house and improvements were upon different sections, the claimant was confined to that on w'hich his house was situated, or might select that which included his improvements, though his house was upon the adjoining section. The decision of the question depends mainly on the construction to be given to the 1st Section of the Act of…
2Cited by3 opinions
- Hubbart v. Willis State BankCourt of Appeals of Texas · 1909
- Hubbart v. Willis State BankCourt of Appeals of Texas · 1912
- European-American Colonization Society v. ReedTexas Supreme Court · 1860