Fitzwilliam v. Campbell
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas. This was a suit by Ida F. Fitzwilliam against Oolin Campbell and others for the recovery of the James W. Fannin headright survey of 4,605 acres of land, situated in Karnes county, Tex. The original petition was filed on July 22, 1895, and the amended petition was filed on February 18, 1897, and was in the usual Texas statutory form of an action in “trespass to try title.”
Read the full summary
In Error to the Circuit Court of the United States for the Western District of Texas. This was a suit by Ida F. Fitzwilliam against Oolin Campbell and others for the recovery of the James W. Fannin headright survey of 4,605 acres of land, situated in Karnes county, Tex. The original petition was filed on July 22, 1895, and the amended petition was filed on February 18, 1897, and was in the usual Texas statutory form of an action in “trespass to try title.” The defendants, except three who disclaimed, filed answers in which they asserted title to specific portions of the league and labor,…
1Opinion of the CourtShelby, Circuit Judge
Tbe defendants deraign title to tbe land sued for from a sale made under a decree of tbe probate court of tbe county of Brazoria, republic of Texas. Tbe land was sold as tbe property of tbe estate of James W. Fannin, deceased. Tbe decree authorizing tbe sale was rendered on December 30, 1839. The conveyance was made to tbe purchaser by authority of the probate court on February 4, 1840. Tbe only material question in tbe case is raised by tbe following assignment of error:
“The court erred in admitting in evidence, over the objections of the plaintiff, the transcript of the probate proceedings…
2Cases cited10 opinions
- Edward's Lessee v. DarbySupreme Court of the United States · 1827
- Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
- United States v. PughSupreme Court of the United States · 1879
- Baker v. CoeTexas Supreme Court · 1857
- Thompson v. DuncanTexas Supreme Court · 1846
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Western Union Life Ins. v. BarberCourt of Appeals for the Ninth Circuit · 1920