Kohlhass v. Linney
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. N. .W. Battle. The appellee, Linney, brought this suit against the appellant, Kohlhass, for the recovery of 320 acres of land in Bell county. The title of the plaintiff is sufficiently specified in the opinion.
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Appeal from Bell. Tried below before the Hon. N. .W. Battle. The appellee, Linney, brought this suit against the appellant, Kohlhass, for the recovery of 320 acres of land in Bell county. The title of the plaintiff is sufficiently specified in the opinion. The fraud for which the defendant’s patent was impeached, consisted in false representations made to the district surveyor by the agent of the defendant, that he had arranged with Linney about the land, and was to have the land and the field notes of the survey made by the surveyor for Linney, by which means he procured the field-notes, had…
1Opinion of the Court
Wheeler, 0. J.
It appears by the record, that the plaintiff, Linney, had settled upon and improved the land in question; that it was vacant land; that he made the oath required by law to entitle him to have the land surveyed, and to claim it as a preemption ; and that he procured it to be surveyed as his pre-emption claim, within less than twelve months from the date of his settlement, and some time before the procurement of the field-notes by the defendant, and the application to them of the defendant’s certificate.
The plaintiff appears to have done all that was necessary to entitle him to…
2Cited by4 opinions
- Hartman v. WarrenCourt of Appeals for the Eighth Circuit · 1896
- Young v. O'NealTexas Supreme Court · 1881
- Turner v. FergusonTexas Supreme Court · 1873
- Perry v. ColemanTexas Commission of Appeals · 1880