Legal Opinion

Garrison v. Grant

Texas Supreme Court

Decided October 25, 1882No. Case No. 1029-445PublishedCited by 3 opinions

Appeal from Robertson. Tried below before the Hon. Spencer Ford. October 30, 1878, Grant brought this suit against Garrison and William Simpson to recover the land described in the petition, claiming the same through a patent issued to James Walling, assignee of Vincent Mendez, dated July 23, 1879, on a survey claimed to have been made in 1874. The defendants claimed that they pre-empted the land in April, 1876, and had their respective claims surveyed, and had in all other…

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Appeal from Robertson. Tried below before the Hon. Spencer Ford. October 30, 1878, Grant brought this suit against Garrison and William Simpson to recover the land described in the petition, claiming the same through a patent issued to James Walling, assignee of Vincent Mendez, dated July 23, 1879, on a survey claimed to have been made in 1874. The defendants claimed that they pre-empted the land in April, 1876, and had their respective claims surveyed, and had in all other respects complied with the requirements of the law, and that if the plaintiff did have the same surveyed in 1874, the…

1Opinion of the Court

Watts, J. Com. App.

At the time Garrison attempted to appropriate the land in controversy, the law gave to the head of the family the right to acquire by pre-emption a homestead, not to exceed qne hundred and sixty acres, out of the unappropriated public domain, provided he owned no other homestead.

From the record it appears that at the time Garrison settled upon the land in controversy, his wife owned in her own right another tract of land, upon which they had resided for several years; he rented that and moved upon the land in controversy.

The only error complained of by Garrison is supposed…

2Cases cited1 opinion

  1. Gambrell v. SteeleTexas Supreme Court · 1881

3Cited by3 opinions

  1. Murphy v. JohnsonCourt of Appeals of Texas · 1932
  2. Armstrong v. WalkerTexas Supreme Court · 1934
  3. Baker v. BurroughsCourt of Appeals of Texas · 1893

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