Hensel v. Kegans
Court of Appeals of Texas
Appeal from Haskell. Tried below before Hon. C. P. Woodruff. 1. The legal title of the land was in appellants, and until they were divested of said legal title they had no cause of action against appellees for moneys spent in locating the certificate and procuring patent and payment of taxes.
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Appeal from Haskell. Tried below before Hon. C. P. Woodruff. 1. The legal title of the land was in appellants, and until they were divested of said legal title they had no cause of action against appellees for moneys spent in locating the certificate and procuring patent and payment of taxes. Campbell v. McFadden, 71 Texas, 30. 2. The fact that the certificate was a headright certificate for one league and one labor, was not sufficient to charge a purchaser of said certificate with the fact that it was issued to a man the head of a family. Sayles’- Civ. Stats., art. 3872; Hart. Dig., arts.…
1Opinion of the Court
STEPHENS, Associate Justice.
In the year 1886, appellants, defendants below, took possession of the league and labor of land in controversy, situated in Haskell County.
November 10, 1887, appellees filed their suit in trespass to try title, to eject them. Failing to recover the entire tract, they appealed to the Supreme Court, and obtained a reversal of the judgment against them. 79 Texas, 347.
Upon a second trial, before the court without a jury, their recovery was again limited to an undivided half interest; hence this appeal.
The conclusions of fact upon which the last judgment was entered,…
2Cases cited9 opinions
- Stanley v. SchwalbyTexas Supreme Court · 1892
- Hill v. MooreTexas Supreme Court · 1892
- Cox v. BrayTexas Supreme Court · 1866
- Hensel v. KegansTexas Supreme Court · 1891
- Walet v. HaskinsTexas Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kirby v. CartwrightCourt of Appeals of Texas · 1907
- Meador Bros. v. HinesCourt of Appeals of Texas · 1914
- Fertitta v. TolerCourt of Appeals of Texas · 1931
- Capitol Building & Loan Ass'n of Texas v. SosaCourt of Appeals of Texas · 1934
- Pioneer Mining Co. v. Pacific Coal Co.District Court, D. Alaska · 1912
3 more not listed; retrieve them via the Exa API.