Hurt v. Evans
Texas Supreme Court
Error from Washington. Tried below before the Hon. I. B. McFarland. The James Lynch league of land is situated on the right or west bank of the Brazos. June 19,1835, Lynch conveyed to Martin Allen, without metes and bounds, one-fourth of the league, being the upper quarter. This quarter, by consent of all parties, seems to have been the west half, or part of the upper half, of the league, when divided by a line from the river and parallel with the side lines of the grant.
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Error from Washington. Tried below before the Hon. I. B. McFarland. The James Lynch league of land is situated on the right or west bank of the Brazos. June 19,1835, Lynch conveyed to Martin Allen, without metes and bounds, one-fourth of the league, being the upper quarter. This quarter, by consent of all parties, seems to have been the west half, or part of the upper half, of the league, when divided by a line from the river and parallel with the side lines of the grant. December 20, 1837, Lynch sold to-Lawrence one labor out of the upper half, being, it seems, surveyed out with marked…
1Opinion of the Court
Roberts, Chief Justice.
Though there are numerous questions raised in this case, it may be determined by a consideration of very few-of them.
James Lynch sold the upper quarter of his league of land, situated on the Brazos "river, to Allen, in 1835. The deed contains no description of boundaries to the tract sold. There ■is no evidence in the record that the land was run out at the time it was sold. It might well be presumed, that the intention of the parties was that it should be run out in a square or parallelogram, in the northwest corner of the league, by straight lines.
On the 20th of…
2Cases cited2 opinions
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Evans v. HurtTexas Supreme Court · 1871
3Cited by10 opinions
- Tucker v. SmithTexas Supreme Court · 1887
- Russell v. HunnicuttTexas Supreme Court · 1888
- Goodson v. FitzgeraldCourt of Appeals of Texas · 1905
- Whitman v. HaywoodTexas Supreme Court · 1890
- Brateman v. Upper Channel Site Co.Court of Appeals of Texas · 1964
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