Miller v. Moss
Texas Supreme Court
Appeal from Henderson. Tried below before the Hon. F. A. Williams. This action was brought in the district court of Henderson county, Texas, on August 8, 1883, by A. T. Miller, W. P. Miller and O. E. Stalter, a minor, by next friend, David Stalter, against F. P. Moss and C. A. Atwood, and amended September 5, 1884, and as amended, the petition is in the ordinary form of trespass to try title to one hundred and sixty acres of land described in petition by metes and bounds,…
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Appeal from Henderson. Tried below before the Hon. F. A. Williams. This action was brought in the district court of Henderson county, Texas, on August 8, 1883, by A. T. Miller, W. P. Miller and O. E. Stalter, a minor, by next friend, David Stalter, against F. P. Moss and C. A. Atwood, and amended September 5, 1884, and as amended, the petition is in the ordinary form of trespass to try title to one hundred and sixty acres of land described in petition by metes and bounds, and situated in Henderson county. In amended answer defendants plead not guilty, general denial, disclaimer as to any land…
1Opinion of the Court
Stayton, Associate Justice.
The patent offered in evidence, vests title to the land in controversy in such persons as are the heirs of James T. Miller, and there is no controversy as to the fact that the appellants take in that capacitjr, and through his wife who had an interest equal to his own. The patent also shows that it was issued under the act authorizing the sale and settlement of the Mississippi and Pacific railway reservation, approved August 26, 1856 (P. D., 5038, 5043), and is prima facie evidence that everything was done necessary under that act and subsequent acts to authorize…
2Cited by15 opinions
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- Hines v. SparksCourt of Appeals of Texas · 1912
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