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HOLLINGSWORTH V. FLINT, 101 U. S. 591 (1879)

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U.S. Supreme Court

Hollingsworth v. Flint, 101 U.S. 591 (1879)

Hollingsworth v. Flint

101 U.S. 591


In an action of trespass to try the title to lands in Texas, the plaintiff put in evidence a grant of them to A., as shown by certified copies of papers from the general land office of that state. He then offered a deed from A. to B. for other and different lands, and one from C. and wife, the latter being the only heir-at-law of A., reciting that there was a misdescription in A.'s deed, and releasing, alienating, and conveying to B. the lands in the declaration mentioned. The acknowledgment of the deed of C. and wife required by the laws of that state to pass the estate of a married woman was not made until after the commencement of the suit. The plaintiff also offered a deed to him from the heirs-at-law of B. for all the lands belonging to the latter at the time of his decease or to which he was then entitled, but did not propose to show that B. had any title to the lands other than that shown by the other deeds. The deeds were excluded, and the jury instructed to find for the defendants. Held that the action of the court was proper.

This was an action of trespass to try the title to certain lands in Texas, brought by Thomas J. Hollingsworth against John T. Flint and D. T. Chamberlain. Flint filed a disclaimer of title. Chamberlain also filed a disclaimer as to several tracts embraced in the eleven leagues sued for, and as to the remainder pleaded not guilty and the statute of limitations. The jury found a verdict for the defendants, and judgment having been rendered thereon, Hollingsworth sued out this writ of error.

The remaining facts are stated in the opinion of the Court.

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