Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 143
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1875.] MCPHAIL v. BumRss. 143
Statement of the case.
trespass to try title against David McPhail and Thomas
Wagnon for five hundred and fifty-six acres of land of the
head-right of John Ward.
Defendants plead not guilty, and suggested improvements.
June term, 1871, Louisa Wagnon and Mary McPhail
had leave to intervene, and they set up claim to the land,
under a tax sale and deed of date 20th October, 1851, the
tax sale having been made for non-payment of taxes by
John Ward, the original grantee of the land. The intervention
sought to defeat the plaintiff's title, because
claimed by virtue of a bond for title from Ward for the
land, of date 3d May, 1844; that such bond was satisfied
by Ward's transfer of eighty-four acres thereof 7th September,
On the trial plaintiff averred patent for the land to John
Ward, of date April 11, 1854.
Bond from Ward to Burriss as follows:
"' HARRISON COUNTY,
" Republic of Texass.
" Know all men by these presents, that I have this day
bargained, granted, and sold unto W. M. Burriss, of Lamar
county, five hundred and fifty-six acres of land, it being
the balance remaining unsurveyed on my head-right of
640 acres, for the valuable consideration of one thousand
dollars to me in hand paid, the receipt whereof I do acknowledge.
Therefore, for and in consideration of the
above-named sum, I bind myself, my heirs, executors, and
administrators, firmly by these presents, to do and perform
all the duties required, and make a good title in fee simple
to whatever land that said Burriss or his assigns may locate
said balance of my head-right upon within the Republic of
Texas. And, in case of my failure on my part to make a
title to said land to said Burriss, his heirs or assigns, I bind
myself, my heirs and administrators, to refund the abovementioned
sum to said Burriss, his heirs or assigns.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/151/: accessed June 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .