Browne v. Gorman
Court of Appeals of Texas
Appeal from District Court, Morris County; J. A. Ward, Judge. Action by James J. Gorman and others against Clayton D. Browne. Judgment for plaintiffs decreeing a partition of land and defendant appeals.
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Appeal from District Court, Morris County; J. A. Ward, Judge. Action by James J. Gorman and others against Clayton D. Browne. Judgment for plaintiffs decreeing a partition of land and defendant appeals. Land scrip No. 428 issued by the commissioner of claims March 30, 1860, authorized the Buffalo Bayou, Brazos & Colorado Railroad Company, or its assignee, to have 1,280 acres of the vacant and unappropriated public domain surveyed in two adjoining tracts of 640 acres each — one for the use of the owner of the scrip, and the other for the use of the state. It was the duty of the owner of the…
1Opinion of the Court
* Writ of error denied by Supreme Court March 19, 1919. If James German intended by the deed executed by him and his wife November 23, 1867, to convey survey No. 425 to Charles L. and Jeremiah W. Gorman, but, by mistake, instead of describing that survey, described survey No. 426, said Charles L. and Jeremiah W. Gorman, and appellant as their vendee, doubtless would have been entitled, as against appellees, to have the instrument so reformed as to describe said survey No. 425 but for the fact that the deed (at least so far as it was of land surveyed by virtue of scrip 428) was a voluntary…
2Cases cited3 opinions
- Davis v. GeorgeTexas Supreme Court · 1911
- Gorham v. SettegastCourt of Appeals of Texas · 1906
- McFaddin v. JohnsonCourt of Appeals of Texas · 1915
3Cited by12 opinions
- Texas Osage Cooperative Royalty Pool, Inc. v. ColwellCourt of Appeals of Texas · 1947
- City of Corpus Christi v. McCarverCourt of Appeals of Texas · 1955
- Lott v. DashiellCourt of Appeals of Texas · 1921
- Williams v. NettlesCourt of Appeals of Texas · 1932
- Asher v. GatesCourt of Appeals of Texas · 1954
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