Ayers v. Lancaster
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. B. W. Himes. The following sketch gives an approximately accurate idea of the Maximo Moreno survey, the true location of which was the subject of controversy: On the 29th day of August, 1877, appellee filed her petition in the district court of Bell county, in an action of trespass to try title against appellant and others to the tract of land set forth in plaintiff’s petition.
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Appeal from Bell. Tried below before the Hon. B. W. Himes. The following sketch gives an approximately accurate idea of the Maximo Moreno survey, the true location of which was the subject of controversy: On the 29th day of August, 1877, appellee filed her petition in the district court of Bell county, in an action of trespass to try title against appellant and others to the tract of land set forth in plaintiff’s petition. The defendants answered by a general denial and plea of not guilty. Verdict and judgment against all the defendants. In the spring of the year 1833, Francis W. Johnson,…
1Opinion of the Court
Geo. T. Todd, Special Judge.
The issue presented in this cause is the same as that discussed in the case of Phillips v. Ayres, 45 Tex., 601, and involves the true lines and extent of the Maximo Moreno eleven-league grant of land, located in 1833 within the limits of what is now Bell county, Texas.
A material difference appears in the record of facts between this case and that of Phillips v. Ayres. In this case there is affirmative evidence, by both the original surveyor and his chainman, to the effect that the western and northern limits of the survey were in fact run and measured on the ground…
2Cases cited3 opinions
- Phillips v. AyresTexas Supreme Court · 1876
- Bolton v. LannTexas Supreme Court · 1856
- Pearson v. BakerCourt of Appeals of Kentucky · 1836
3Cited by16 opinions
- Ayers v. WatsonSupreme Court of the United States · 1891
- Howland v. HoughTexas Supreme Court · 1978
- Carter v. Texas Co.Texas Supreme Court · 1935
- Halsell v. NealCourt of Appeals of Texas · 1900
- Kirby Lumber Co. v. StewartCourt of Appeals of Texas · 1911
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