Taylor v. Burke
Texas Supreme Court
Appeal from Bowie. Tried below before the Hon. W. P. McLean, Action of trespass to try title brought by the appellee, O. C. Burke, against the appellant, Taylor, for the recovery of section twenty (20) school land, situated in Bowie county, alleged to have been bought by J. W. Taylor from the state, as an actual settler, on October 13, 1884, and conveyed by J. W. Taylor to 0. 0. Burke, on January 26, 1885. Burke sued and claimed the land as assignee of J. W. Taylor under the…
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Appeal from Bowie. Tried below before the Hon. W. P. McLean, Action of trespass to try title brought by the appellee, O. C. Burke, against the appellant, Taylor, for the recovery of section twenty (20) school land, situated in Bowie county, alleged to have been bought by J. W. Taylor from the state, as an actual settler, on October 13, 1884, and conveyed by J. W. Taylor to 0. 0. Burke, on January 26, 1885. Burke sued and claimed the land as assignee of J. W. Taylor under the laws then in force authorizing actual settlers to purchase school lands belonging to the state. Burke set up title to…
1Opinion of the Court
Stayton, Associate Justice.
The first assignment of error raises no question whether the county surveyor was the proper person *646through whom to make application for the purchase of school land under the act of April 12, 1883. The objections taken to the admission of the surveyor’s books to show that an application to him was made, are untenable. It was not necessary that the book be produced by the surveyor, nor that he should have signed the entry officially. It was shown that the book was one used by the surveyor, came from the proper custody and that the particular entry was made by the…
2Cited by7 opinions
- Chancey v. StateTexas Supreme Court · 1892
- Martin v. McCartyTexas Supreme Court · 1888
- Schauer v. SchauerCourt of Appeals of Texas · 1918
- Payne v. CoxCourt of Appeals of Texas · 1911
- Chambers v. RawlsCourt of Appeals of Texas · 1913
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