Texas Supreme Court
Appeals Heard From Ellis County, 1850-1865
[Source: Reports of Cases Argued and Decided in The Supreme Court of The State of Texas, compiled by O. C. and R. K. Hartley, Gilbert Book Co., St. Louis, Mo., 1880s]
Abstracted by Barbara Knox
Vol. 26, p. 302-303
Suit brought by Van Hook regarding promissory note of $630. Hamilton had accepted draft for a thousand dollars, drawn by the superintendent of the Tellico Manufacturing Company upon president of company, and stated that plaintiff [Van Hook] was a member of the company and that all its members were insolvent [names not given]. Plaintiff had proved by witness that company was organized under a written agreement. Defendent objected to document offered in evidence but was overruled. Verdict for plaintiff for $863.10. Defendant's motion for new trial was refused.
Vol. 20, p. 261
Land survey for Horatio Woodward was made 5 January 1847; entry date not shown but patent date 9 June 1854. Bradford settled on section sold to Taul in 1846 [as member of Peters Colony] and remained there until March 1855. Woodward's survey was made after Bradford's settlement, making it void. It is well known that long and continued difficulties existed between the colonists and the company. Plaintiff did not get a cancellation of patent to Woodward until almost 12 months after sale. Judgement affirmed, with execution held until plaintiff provides patent.
Vol. 14, pp. 233, 236. Tyler, Texas. 1855
Plaintiff paid defendant money for transfer of land certificate to him as a member of Peter's Colony or to procure a colonist's headright certificate. Defendant failed to perform contract, and in fact, had no legal right to do so, thus making transaction fraudulent. Court ruled contract was made in igorance of defendant's legal ability to perform such an act and was entitled to refund of money. Judgement reversed and remanded.
Vol. XIV, p. 269-270 1855
Suit by appelle to recover 1000 acres of land part of headright of Edward Ferris, decd. On 10 Feb. 1838 Ferris enployed Slaughter to locate and patent his headright; patent issued 17 Feb. 1846. On 31 Jan 1848 Ferris sold the 1000 acres to plaintiff. On 2 Sept. 1848, G. W. Hill, executor for Slaughter, in accordance with his will, conveyed one half to Ferris' wife. Ferris died in 1849. Judgement upheld.
Vol. 15, pp. 263-264
Clarinda Squires, mother of appelle's wards, settled on the land in controversy in 1843/44 and remained there some time; married one Sterrett, and family moved to Fannin County. According to testimony reason for move was only temporary for the purpose of procuring provisions not available in the settlement and she intended to return. (The cabin was small, unfinished, no door shutter and open between the logs). She stayed in Fannin County ca two years. After returning to the Colony , the family lived several different places, finally settling on Waxahachie [Creek]
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