Browning's Administratrix v. Atkinson
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. In this case both parties deraign title under Stephens (the original grantee) to different tracts of land, parts of a league situate in Washington county, the plaintiff' (appellant) holding under the oldest conveyance from Stephens. The question involved is as to the location of the western line of the tract conveyed by Stephens to Elisha Boberts, the plaintiff’s vendor.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. In this case both parties deraign title under Stephens (the original grantee) to different tracts of land, parts of a league situate in Washington county, the plaintiff' (appellant) holding under the oldest conveyance from Stephens. The question involved is as to the location of the western line of the tract conveyed by Stephens to Elisha Boberts, the plaintiff’s vendor. This conveyance bears date June 13th, 1834. It contains no calls for either natural or artificial objects, with the exception of “ stakes ” and “ nosts,”…
1Opinion of the CourtWalker, J.
In this case both parties deraign title from a common source. The question is one of boundary, and the purpose of the suit is to settle the western boundary line of the tract of land sold by Stephens to Boberts, the plaintiff’s vendor.
The only question material for our consideration grows out of the charge of the court, and the refusal to charge as asked by the plaintiff’s counsel. Considering the evidence in this case, the first and third charges as asked by plaintiff’s counsel should have been given. It will not do for the court to confine itself to abstract principles and attempt to apply…
2Cases cited5 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Booth v. UpshurTexas Supreme Court · 1861
- McIver Lessee v. WalkerSupreme Court of the United States · 1819
- McCown v. HillTexas Supreme Court · 1862
- Robinson v. MooreU.S. Circuit Court for the District of Ohio · 1847
3Cited by14 opinions
- Seelbach v. Clubb, Texas Court of Appeals, 6th District (Texarkana)1999
- Robinson v. DossTexas Supreme Court · 1880
- Jones v. AndrewsTexas Supreme Court · 1884
- Findlay v. StateCourt of Appeals of Texas · 1921
- Ostrom v. JacksonCourt of Appeals of Texas · 1939
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