Sherwood v. Fleming
Texas Supreme Court
Appeal from San Salía. The case was tried before Hon. Edward H. Vontress, one of the district judges. The appellee, J. W. Fleming, who was plaintiff in the court below, brought an action of trespass - to try title in the District Court of San Saba county, against the appellant, John T. Davis, to recover a tract of three hundred and twenty acres of land, described by metes and bounds.
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Appeal from San Salía. The case was tried before Hon. Edward H. Vontress, one of the district judges. The appellee, J. W. Fleming, who was plaintiff in the court below, brought an action of trespass - to try title in the District Court of San Saba county, against the appellant, John T. Davis, to recover a tract of three hundred and twenty acres of land, described by metes and bounds. The original petition was filed on the 19th day of March, 1860. By amendment, filed on the 25th day of April, 1860, he alleges, that the appellant, John T. Davis, pretends to claim the land by virtue of a patent,…
1Opinion of the Court
Wheeler, O. J.
—The points of difference between the present and the’ case of Kimmell v. Wheeler (22 Tex., 77) are, the patent in the present case, and the éonfirmatory act of the 10th of January, 1860.
In Kimmell v. Wheeler, we decided that the act of the 21st of December, 1853, “to provide for the construction of the Mississippi and Pacific railroad,” withdrew the land embraced within the reservation from private or individual appropriation by a colonist or other certificate, and that a location made within the limits of the reservation during its continuance was void. Does a patent issued…
2Cases cited9 opinions
- Stoddard v. ChambersSupreme Court of the United States · 1844
- State v. DelesdenierTexas Supreme Court · 1851
- Minter v. CrommelinSupreme Court of the United States · 1856
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- Hamilton v. AveryTexas Supreme Court · 1857
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