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: 145
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1875.] McPHnAIL v. BURRIS. 145
Opinion of the court.
5. A. J. Payne (assessor and collector) did convey to
Heath and McPhail 556 acres of land 20th October, 1851;
deed filed for record on 21st November, 1853.
6. Heath antl McPhail did convey said land to intervenors
November 26th, 1866.
7. Said land was sold to secure the taxes as the property
of Ward for his (Ward's) poll tax.
8. Improvements were worth $100, and the value of the
rents worth nothing.
Upon this verdict judgment was rendered for plaintiff
for the land. Motion for new trial was overruled, and
McPhail and Wagnon appealed.
H. McKay, for appellant, cited Pas. Dig., arts. 4167,5188;
Turner v. Hart, 9 Tex., 385: 26 Tex., 643; Bigelow on
Estoppel, 292, note 1; Wofford v. McKinna, 23 Tex., 43;
0. & W. Dig., arts. 409, 411, 1976, 1978, 1979; Slater v.
Maxwell, 6 Wall., 273.
G. Lane, for appellee, cited Hart. Dig., Arts. 1865, 1924,
3145, 3184, 3204; Yenda v. Wheeler, 9 Tex., 419; Wheeler
v. Yenda, 11 Tex., 563; Robson v. Osborn, 13 Tex., 307;
Divine v. McCulloch, 15 Tex., 490; Games v. Stiles, 14
MOORE, ASSOCIATE JUSTICE.-It certainly cannot be seriously
denied that it was the duty of the Boards of Land
Commissioners to determine under what law applicants
were entitled to the certificates issued to them. In doing
this, evidently the board determined the class to which
the certificate belonged. In the absence of controverting
testimony, the action of the board must be regarded as
sufficient to establish the fact to be as determined by it,
if, indeed, the class to which the certificate belonged,
which necessarily entered into the decision of the applicant's
right to the certificate, can collaterally be brought
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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/m1/153/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .