Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 24
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24: HEARNE v. GILLETT. [Austin Term,
Statement of the case.
On May 12, 1880, Gillett brought this suit against Hearne and
others, in the district court of Hamilton county, to recover an undivided
interest of two thousand two hundred and eighty-nine
acres out of the league of land patented to the heirs of RhodaKennedy,
and situated in that county. By the agreement of the
parties the venue was changed to Robertson county.
The defendants answered by general demurrer, general denial and
not guilty. Hearne having acquired all the interest of his codefendants,
the suit was discontinued as to them.
The same land was in part covered by two old grants, that to
Ruiz for four leagues, and that to Nixon for eleven leagues; this
land was situated in Robertson county. About 1850 the Rhoda
Kennedy certificate was located on that conflict, and parties went
into possession under that location. Finally Columbus C. Hearne
became the owner of that title, and, to aid him in resisting the
Nixon title, he purchased of the Watrous heirs their interest in
the Ruiz grant of about six thousand acres, and about $17,000 of
the purchase money remained unpaid at the time of the execution
of the agreement hereinafter mentioned. There was a suit in the
United States circuit court at Austin by the Nixon heirs against
HIearne. He having died, his widow, as executrix, was made a party,
and a judgment recovered against her for the land. In the meantime
a suit was pending against her in the district court of Robertson
county, by the Watrous heirs, for the purchase money and
foreclosure of the vendor's lien. To settle and adjust all their rights
and conflicting claims, the heirs of Nixon, the heirs of Watrous, and
Mrs. I-Hearne entered into a tripartite agreement, dated January 13,
1869. By that agreement Mrs. Hearne was to convey to the Watrous
heirs, or whoever they might designate, a part of the land; and
in accordance therewith she conveyed to Gillett two thousand two
hundred and eighty-nine acres of the same. Afterwards Hearne
floated the Rhoda Kennedy certificate and located upon the land in
controversy, and a patent was issued therefor to the heirs of Rhoda
Kennedy. Gillett claimed that two thousand two hundred and
eighty-nine acres of that certificate passed to and vested in him by
the deed from Mrs. Hearne, and that therefore he was entitled to
that number of acres of the land in controversy.
This was the point at issue between the parties.
Trial without a jury, and judgment rendered in favor of Gillett
for two thousand two hundred and eighty-nine acres of the land,
and for partition, etc.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth28512/m1/46/: accessed September 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .