Hawkins v. Nye
Texas Supreme Court
Appeal from Matagorda. Tried below before the Hon. Wm. H. Burkhart. Bye brought suit, alleging a grant to Thomas M. Duke, in 1830, of a league- of land.
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Appeal from Matagorda. Tried below before the Hon. Wm. H. Burkhart. Bye brought suit, alleging a grant to Thomas M. Duke, in 1830, of a league- of land. Sales made thereof by Duke, giving metes and bounds, to Hardeman, four hundred acres, July 23, 1839; to Sheppard, two thousand acres, more or less, July 21,1842; to Van Dorn, 1842, five hundred and thirty-one, and in 1850, four hundred and thirty acres, making three thousand three hundred and sixty-one acres, leaving a balance of the league, one thousand one hundred and seven acres, which plaintiff bought from heirs of Duke, December 24,…
1Opinion of the Court
Stayton, Associate Justice.—
The appointment of the surveyor Schley, in vacation, pending the appointment of thé surveyor Hard-*101man, was an irregularity, which, however, most probably did not affect the merits of the case, for both surveyors made surveys and testified in the case, and it is not likely that, under such circumstances, either party was prejudiced by the action of the court.
The third, fourth and fifth assignments of error raise the material questions in the case.
The appellants claimed title to the land in controversy through a deed made by Duke, the original grantee of the land, to…
2Cases cited1 opinion
- Preston's Heirs v. BowmarSupreme Court of the United States · 1821
3Cited by2 opinions
- Ayers v. HarrisTexas Supreme Court · 1885
- Nye v. HawkinsTexas Supreme Court · 1886