Burdett v. Silsbee's Adm'r
Texas Supreme Court
Appeal from Travis. Action of trespass to try title, brought by Edward A. Pearson, administrator de bonis non of Albert Silsbee, against the appellant, for one third of a league of land,, situated in Travis county. Petition filed May 2nd, 1853. Defendant, besides claiming the land as his own property, pleaded: the Statute of limitations of three years, and suggested valuable improvements in good faith. Intervention hy the heirs of Silsbee ; jury waived.
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Appeal from Travis. Action of trespass to try title, brought by Edward A. Pearson, administrator de bonis non of Albert Silsbee, against the appellant, for one third of a league of land,, situated in Travis county. Petition filed May 2nd, 1853. Defendant, besides claiming the land as his own property, pleaded: the Statute of limitations of three years, and suggested valuable improvements in good faith. Intervention hy the heirs of Silsbee ; jury waived. Judgment for plaintiff. Statement of facts. Plaintiff’s evidence ; transcript of proceedings of County Court of Matagorda County, petition of…
1Opinion of the CourtWheeler, J.
This case appears to come so evidently within the principle of former decisions, that it might be disposed of by a reference to them. (See Dancy v. Stricklinge, Supra, and cases there cited.) But there are grounds assumed in argument for the appellee, which require some examination.
It is insisted that the Probate Court of Bastrop county had not authority to grant administration on the estate of Silsbee in the first instance ; because, it is said, he did not have his residence in that county at the time of his death. The evidence was conflicting as to the residence of the deceased. The…
2Cases cited3 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Thompson v. TolmieSupreme Court of the United States · 1829
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
3Cited by27 opinions
- Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
- Guilford v. LoveTexas Supreme Court · 1878
- Giddings v. SteeleTexas Supreme Court · 1866
- G. C. S. F. Ry. Co. v. F. W. R. G. Ry. Co.Texas Supreme Court · 1894
- Childs v. ShowerSupreme Court of Iowa · 1865
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