European-American Colonization Society v. Reed
Texas Supreme Court
Appeal from Dallas. The case was tried before Hon. Hat. M. Bureord, one of the district judges. Reed sued the European-American Colonization Society in an action to recover land and for damages. The controversy turned upon the facts of the case and the peculiar facts growing out of the laws in relation to Peters’ colony.
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Appeal from Dallas. The case was tried before Hon. Hat. M. Bureord, one of the district judges. Reed sued the European-American Colonization Society in an action to recover land and for damages. The controversy turned upon the facts of the case and the peculiar facts growing out of the laws in relation to Peters’ colony. These laws are collected in Paschal’s Digest-, from Articles 810 to 885, and are modified by the ordinance of 1845. (Ib. 76, Rote 215.) The present case seems to have turned upon Articles 830 and 831, Rotes 400, 404, and 405. The parties agreed upon the following statement of…
1Opinion of the CourtWheeler, C. J.
—That the unappropriated public land within the limits of Peters’ colony was open to general location and appropriation by the holders of valid land certificates, when the plaintiff made his location, on the 26th of December, 1848, has been heretofore decided. (Stewart v. Crosby, 15 Tex., 546.)
There can be no question that the plaintiff’s was a legal appropriation of the land, and that he is entitled to recover in this action, unless the land had been previously appropriated by Griffin, under whom the defendants claim, by virtue of the rights secured to him by law as a colonist in Peters’…
2Cases cited3 opinions
- Stewart v. CrosbyTexas Supreme Court · 1855
- Crockett v. RobinsonTexas Supreme Court · 1857
- Myers v. CockrillTexas Supreme Court · 1855