Parker v. Bains
Texas Supreme Court
Appeal from Fort Bend. Tried below before the Hon. Wm. H. Burkhart. The case was disposed of below as an agreed case. Plaintiffs Parker et al. claimed the land in controversy under deeds from Isaac FT. Charles, to whom a grant issued March 25, 1831, while defendants claimed under deeds from FT. Brookshire, to whom a grant issued November 25, 1835. The suit involved the question of title to a strip of land covered by both grants.
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Appeal from Fort Bend. Tried below before the Hon. Wm. H. Burkhart. The case was disposed of below as an agreed case. Plaintiffs Parker et al. claimed the land in controversy under deeds from Isaac FT. Charles, to whom a grant issued March 25, 1831, while defendants claimed under deeds from FT. Brookshire, to whom a grant issued November 25, 1835. The suit involved the question of title to a strip of land covered by both grants. Plaintiffs, having the Charles title, had been in possession of land covered by it, on which they paid taxes since 1842, but had, not been in actual possession of…
1Opinion of the Court
West, Associate Justice.—
This is an agreed case under, articles 1413 and 1414, Eevised Statutes. We have concluded to reverse the judgment, and would, if it were possible, in accordance with the usual practice in such cases, here render a final judgment.
Hpon an examination, we find we have not sufficient evidence before us to enable us to dispose finally of all the matters in dispute, and therefore the case will be remanded for a new trial. We are induced to come to this conclusion on several grounds.
The main question grows out of a struggle between two rival grants (the Charles and the…
2Cases cited17 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Whitehead v. FoleyTexas Supreme Court · 1858
- City of San Antonio v. JonesTexas Supreme Court · 1866
- Whitehead v. FoleyTexas Supreme Court · 1866
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3Cited by9 opinions
- Turner v. MooreTexas Supreme Court · 1891
- Houston v. BlytheTexas Supreme Court · 1883
- Parker v. BainesTexas Supreme Court · 1886
- Wheatley v. San Pedro, L.A. & Salt Lake R.R.California Supreme Court · 1915
- Heironimus v. DuncanCourt of Appeals of Texas · 1895
4 more not listed; retrieve them via the Exa API.