Robinson v. Douthit
Texas Supreme Court
Error from Collin. Tried below before the Hon. K. R. Craig, Special Judge. Suit of trespass to try title to six hundred and forty acres of land in Collin county, Texas, out of the James Osgood survey. Both parties claimed title under Ambrose Douthit, the patentee — the plaintiffs by deed made in 1857; the defendants by deeds made in 1860 and 1863. The plaintiffs’ deed was on record nearly three years before the first of the other two was made.
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Error from Collin. Tried below before the Hon. K. R. Craig, Special Judge. Suit of trespass to try title to six hundred and forty acres of land in Collin county, Texas, out of the James Osgood survey. Both parties claimed title under Ambrose Douthit, the patentee — the plaintiffs by deed made in 1857; the defendants by deeds made in 1860 and 1863. The plaintiffs’ deed was on record nearly three years before the first of the other two was made. There was no question of limitations or improvements in good faith, and a naked question of title was alone presented. The suit was filed on the 15th…
1Opinion of the Court
Stayton, Associate Justice.
This cause was before this court at a former term, and it was then held that the deed from Ambrose Douthit to his son Presley J. was not void for uncertainty in the description therein given of the land, and that the record of that deed gave constructive notice to subsequent purchasers. Douthit v. Robinson, 55 Tex., 69.
The same questions are again presented, but we see no reason to doubt the correctness of the conclusions formerly announced.
An elm tree was called for in the deed, of which, if the true locality was shown, the western line of the tract conveyed would…
2Cases cited1 opinion
- Douthit v. RobinsonTexas Supreme Court · 1881
3Cited by27 opinions
- Duhig v. Peavy-Moore Lumber Co.Texas Supreme Court · 1940
- McMahon v. ChristmannTexas Supreme Court · 1957
- City of Beaumont v. MooreTexas Supreme Court · 1947
- Vermillion v. HaynesTexas Supreme Court · 1948
- Baldwin v. RootTexas Supreme Court · 1897
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