Legal Opinion

Cook v. Burnley

Supreme Court of the United States

Decided December 23, 1867PublishedCited by 28 opinions

Error to the District Court for the.Eastern District of Texas; in a suit brought by Burnley and Porter against Cook, Eller, Elam, and several others. The case was thus: Along the coast of Texas, small tide-water bayous, or inlets, extend from the Gulf of Mexico, and from larger bays or inlets like that of Matagorda, into the land. They frequently connect with each other, and with the gulf or bays, by other and similar channels.

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Error to the District Court for the.Eastern District of Texas; in a suit brought by Burnley and Porter against Cook, Eller, Elam, and several others. The case was thus: Along the coast of Texas, small tide-water bayous, or inlets, extend from the Gulf of Mexico, and from larger bays or inlets like that of Matagorda, into the land. They frequently connect with each other, and with the gulf or bays, by other and similar channels. Being surrounded in many states of the tide, and sometimes in all, by a thread of water, they may, in one sense, be called “islands;” but lying as they nearly all do…

1Opinion of the CourtJustice Nelson

The plaintiffs derived their title in this case from Juan Cano, a colonist, in the empressario grant of Martin DeLeon, and to whom the commissioner of that colony conveyed the league of land on the 11th of April, 1835.

Several objections are taken to this deduction of title, but it is not material' to notice them particularly, as they were before the court in the ease of White et al. v. Burnley * already reported, in which these several objections were ovei’ruled. The only difference between that case and the present is, that the plaintiff's, Burnley and Jones, there claimed under a deed by…

2Cases cited1 opinion

  1. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828

3Cited by28 opinions

  1. Ex Parte CanadaCourt of Criminal Appeals of Texas · 1988
  2. Jiffy Lubricator Co. v. Stewart-Warner CorporationCourt of Appeals for the Fourth Circuit · 1949
  3. Cook v. BurnleyTexas Supreme Court · 1876
  4. United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1902
  5. Ex Parte Lee LillardTexas Supreme Court · 1958

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