Texas Archival Resources Online

TABLE OF CONTENTS


Collection Summary

Historical Background

Contents of the Collection

Arrangement of the Collection

Restrictions

Index Terms

Related Material

Administrative Information

Description of Series

University of Texas, Tarlton Law Library

Guide to the Bradford Pickett Papers of Adams v. Slattery, 1838-1996



Collection Summary

Creator: Pickett, Edward Bradford, 1913-2005
Title: Bradford Pickett Papers of Adams v. Slattery
Dates: 1838-1996
Abstract: The collection contains case files, supporting documents, correspondence, and research materials related to Adams v. Slattery.
Size: 5.2 linear feet
Language: English
Repository: Special Collections, Tarlton Law Library, The University of Texas at Austin,
727 E. Dean Keeton St., Austin, TX 78705-3224, (512) 471-7263

Historical Background

Adams v. Slattery, 295 S.W.2d 859 (1956), was a Texas adverse possession case in which the parties contested title to land originally granted to heirs of a soldier killed in battle for Texas independence. Bradford Pickett (LL.B.’36) represented the plaintiffs.

Conrad Eigeneaur (Eichenauer), a German immigrant, died in the Battle of Coleto Creek while fighting for Texas independence in March of 1936. Under the new Texas land settlement laws of 1837, single men who arrived in Texas prior to March 2, 1836 were entitled to a 1/3 league of land, which was issued to Eigeneaur's heirs in 1838 by the newly created General Land Office. In addition, heirs of independence fighters killed in battle under the leadership of commanders Fannin, Ward, Travis, Grand, or Johnson were entitled to 640 acres of land, and another certificate was issued in 1838 by the Secretary of War. Three surveys of land in Liberty were granted to Eigeneaur heirs in 1862.

The history of the land going forward is fraught with inconsistencies and competing claims. Eigeneaur died intestate, without wife or children. His distant heirs from Germany asserted ownership by selling the land and recording a power of attorney instrument in Liberty County only in 1895. By that time, evidence of adverse possession was already present, with a third line of competing claim to title arising in 1903. It appears that the land may have been sold by the estate administrator around 1839, but a record of such final conveyance does not exist. The Liberty Courthouse fires of 1872 and 1874 destroyed records that would have been helpful in establishing the history of land ownership prior to that date and the validity of titles and transfers going forward.

In 1940, the plaintiffs filed suit in court. According to Texas law, when certain title records are missing, the jury may make a presumption that a sale or a deed has been made by examining evidence presented at trial, the rule Texas Supreme Court affirmed in their opinion of this case. Eventually, the parties settled to a 70-30% division of land in 1958 after the case was sent back to the district court for a new trial by jury. In 1977, 551.85 acres of this previously contested territory were appropriated by the federal government for incorporation into the Big Thicket National Preserve.

Return to the Table of Contents


Contents of the Collection

The collection includes case files, supporting documents, correspondence, and research materials related to the case. It includes copies of the original 1838 land grant and 1862 patents, title and transfer records, tax records, leases, power of attorney instruments, administration documents, heirship charts, survey maps, briefs, testimonies, transcripts, correspondence, notes, and other materials. Boxes 10-12 contain records related to appropriation of land for the Big Thicket National Preserve in the 1970s.

Return to the Table of Contents


Arrangement of the Collection

The collection was largely kept in original order. Maps, blueprints, and oversized materials were separated for preservation purposes. The original location of these items is noted in parentheses. Folder titles were retained where applicable.

Return to the Table of Contents


Restrictions

Access Restrictions

None.

Use Restrictions

The collection and any reproductions of the collection are made available for the purposes of private study, scholarship, and research only.

Tarlton Law Library does not hold the copyright to the materials, unless it has been transferred to the library by the creator. It is the researcher's responsibility to determine the copyright status and to obtain permission from the copyright holder before publishing any materials from the collection.

Some collections may contain sensitive or confidential information protected under federal and state privacy laws. The researchers are encouraged to report any such information to staff.

The University of Texas at Austin is not responsible for violations of intellectual property rights and any other laws or for liability to any person for defamation or invasion of privacy that result from unauthorized use of the collection by the researcher.

Return to the Table of Contents


Index Terms

Subjects (Persons)
Pickett, Edward Bradford, 1913-2005.
Pickett, Edward Brown, 1877-1951.
Subjects (Organizations)
Texas. Court of Civil Appeals.
Texas. General Land Office.
Texas. Supreme Court.
Subjects
Big Thicket National Preserve (Tex.)
Land grants--Texas--19th century.
Places
Liberty (Tex.)

Return to the Table of Contents


Related Materials

E. B. Pickett, Jr. Law Firm Papers can be found at Tarlton Law Library, The University of Texas at Austin.

Return to the Table of Contents


Administrative Information

Preferred Citation

Bradford Pickett Papers of Adams v. Slattery, Tarlton Law Library, The University of Texas at Austin.

Acquisition Information

The papers were a gift of Edward B. Pickett (LL.B. ’64) and Carl N. Pickett (J.D., ’71).

Processing Information

Processed by Evelina Stulgaityte, 2017.

Return to the Table of Contents


Detailed Description of the Collection

box folder
1 1 Case files - Transcript of testimony
2 Case files - Settlement proceedings
Case files - Testimony of Anna Slattery in rebuttal
3 Case files - Deposition of J. B. Markentell
Case files - Deposition of Nora Slattery
Case files - Deposition of Anna Slattery
Case files - Deposition of Joe Doucette
4 Documents - Eigeneaur estate administration and miscellaneous
5 Documents - Instruments, notes, and miscellaneous
6 Documents - Tax payments
box folder
Map drawer 7 1 Documents - Tax payments, Office of the Comptroller statements of tax payments (from Box 1, Folder 6)
box folder
1 7 Documents - Tax receipts, Stubbs and Stein
box folder
13 1 Documents - Tax receipts, Stubbs and Stein (from Box 1, Folder 7)
box folder
2 1 Documents - Defendants' title
2 Documents - Doucette 160 acre tract
box folder
13 2 Documents - Doucette 160 acre tract, survey drawing (from Box 2, Folder 2)
box folder
2 3 Documents - General Land Office copies
box folder
Map drawer 7 2 Documents - General Land Office copies (from Box 2, Folder 3)
box folder
2 4 Documents - Slattery v. Morgan
5 Case files - Evidence presented: first and second trials
6 Case files - Evidence presented: first and second trials
7 Case files - Extra copies of interrogatories
8 Case files - Jury lists
9 Documents - Stein v. Thompson Ford Lumber Co.
10 Case files - Court's charge
box folder
3 1 Documents - Deeds and other instruments
2 Case files - Final judgment, September 16, 1958
3 Case files - Diligence issue
4 Documents - Instruments of evidence, Texas v. Stone
5 Documents - Plaintiff's title
6 Case files - Citations
7 Case files - Plaintiff’s list of collateral instruments showing assertion of claim and ownership
8 Case files - Plaintiff's presumed title
9 Documents - Order of instruction of evidence; Stein v. Thompson Ford Lumber Co.
10 Documents - German instruments
11 Case files - Brief A
12 Case files - Brief B
13 Case files - Authorities, trial briefs, notes
14 Case files - Extra copies of briefs
15 Case files - Pleading file
16 Case files - Motions
box folder
4 1 Case files - Motions for continuance
2 Case files - Agreements
3 Case files - Transcript
4 Case files - Statements of witnesses
5 Documents - Von Rosenberg power of attorney including Eigeneaur heirship
6 Documents - Eigeneaur heirship
box folder
Map drawer 7 3 Documents - Eigeneaur heirship, lists of command and consulate documents (from Box 4, Folder 6)
11 Documents - Eigeneaur heirship tree
box folder
4 7 Case files - Witnesses
8 Case files - Deeds to defendants
9 Case files - Correspondence with Will E. Orgain, attorney for defendants, 1948-1964
box folder
5 1 Case files - Statements of facts, Book 1
2 Case files - Statements of facts, Book 2
3 Case files - Statements of facts, Book 3
4 Case files - Statements of facts, Book 4
5 Case files - Court of Civil Appeals - Brief draft
box folder
6 1 Case files - Court of Civil Appeals - Brief draft
2 Case files - Court of Civil Appeals - Opinion and finding of fact
3 Case files - Court of Civil Appeals - Appeal
box folder
Map drawer 7 4 Case files - Court of Civil Appeals - Appeal; Chains of claim to title (from Box 6, Folder 3)
box folder
6 4 Case files - Court of Civil Appeals - Appeal, correspondence, 1952-1953
5 Case files - Court of Civil Appeals - Motion for rehearing
6 Case files - Court of Civil Appeals - Motion for rehearing, correspondence, 1954-1955
7 Case files - Texas Supreme Court - Application for writ of error, with correspondence, 1955
8 Case files - Texas Supreme Court - Motion for rehearing, with correspondence, 1956-1957
box folder
7 1 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
2 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
3 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
4 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
5 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
6 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
7 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
box folder
Map drawer 7 5 Stubbs and Stein files - Mayfield survey map, n.d. (from Box 7, Folder 7)
7 Stubbs and Stein files - Eigeneaur survey blueprints (from Box 7, Folder 7)
box folder
7 8 Stubbs and Stein files - Oil and gas lease to J. M. Rich
9 Stubbs and Stein files - Devers Canal Co. lease and easement
10 Stubbs and Stein files - Leases to Doucette and McCreight
11 Stubbs and Stein files - Stein v. McShane Lumber Co.
12 Stubbs and Stein files - Probate proceedings, Nacogdoches County
box folder
8 1 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
box folder
13 3 Stubbs and Stein files - Tax receipts, 1931-1932 (from Box 8, Folder 1)
box folder
8 2 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
3 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
box folder
Map drawer 7 5 Stubbs and Stein files - Mayfield survey map, 1914 (from Box 8, Folder 3)
box folder
8 4 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
5 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
box folder
Map drawer 7 7 Stubbs and Stein files - Eigeneaur survey blueprints (from Box 8, Folder 5)
Stubbs and Stein files - Turtle Bayou Oil Co. holdings blueprint (from Box 8, Folder 5)
box folder
8 6 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
box folder
Map drawer 7 5 Stubbs and Stein files - Eigeneaur survey map, 1931
box folder
9 1 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
2 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
3 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
4 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
box folder
Map drawer 7 5 Stubbs and Stein files - Eigeneaur survey map, 1917-1918 (from Box 9, Folder 4)
7 Stubbs and Stein files - Eigeneaur survey blueprints (from Box 9, Folder 4)
box folder
9 5 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
6 Stubbs and Stein files - Drafts, taxes, correspondence, etc.
box folder
Map drawer 7 7 Stubbs and Stein files - Eigeneaur survey blueprints (from Box 9, Folder 6)
box folder
9 7 Stubbs and Stein files - Stein v. Roberts, statement of facts
8 Stubbs and Stein files - Stein v. Fuchs, statement of facts
9 Stubbs and Stein files - Land surveys and correspondence
box folder
Map drawer 7 8 Stubbs and Stein files - Land survey maps
7 Stubbs and Stein files - Eigeneaur survey blueprints
box folder
10 1 File 1918-A – Abstracts, opinions
2 File 1918-D – Frost et al. partition deeds and agreements, etc.
3 Documents - Supplemental Abstract of Title No. 24,851
4 Documents - Supplemental Abstract of Title No. 29,190
5 Documents - Supplemental Abstract of Title No. 20,342
6 Documents - Supplemental Abstract of Title No. 24,487
7 File 1918-B - 8 acre surface interest lease
8 File 1918-C - Frost et al. partition correspondence, 1975-1978
box folder
11 1 File 1918-E - 11.305421 acres Heard family tract
2 File 1918-F - 27 acres property tax history
3 File 01918 - A-186 property taxes
box folder
Map drawer 7 6 File 01918 - A-186 property taxes - Certificate of redemption (from Box 11, Folder 3)
box folder
11 4 File 1919-A - Title background information
box folder
Map drawer 7 6 File 1919-A - Title background information - Supplemental abstract of title (from Box 11, Folder 4)
box folder
11 5 File 01919 - A-186 condemnation title background
box folder
Map drawer 7 8 File 01919 - A-186 condemnation title background - Big Thicket National Preserve Loblolly area map (from Box 11, Folder 5)
box folder
11 6 File 1920 - Condemnation pleadings
7 File 1921 - Correspondence, 1976-1977
box folder
12 1 File 1922 - Stubbs and Stein estate
2 File 1923 - United States of America v. 551.85 Acres of Land
3 File 1924 - Theodore Stubbs correspondence, 1964-1965
4 File 1925 - McMurtry estate (Tina Preacher)
5 File 1926 - Wirt Davis estate
6 File 1927 - Stone and Hollimon group
7 File 1928 - Frost-Detering estate (Frances E. Preacher)
8 File 1929 - Charles H. Preacher sub-group
box folder
Map drawer 7 8 File 1929 - Charles H. Preacher sub-group heirship (from Box 12, Folder 8)
box folder
12 9 File 1931 - Attorney's fees
10 File 1932 - Preacher heirship, general
box folder
Map drawer 7 9 File 1932 - Preacher heirship, general - Heirship charts (from Box 12, Folder 10)
box folder
12 11 File 1932A - Pickett powers of attorney
12 File 1933 - Big Thicket National Preserve park bill
box folder
Map drawer 7 10 File 1933 - Big Thicket National Preserve park map
box folder
12 13 File 1934 - Raymond McDavid correspondence, 1967-1972
14 File 1935 - Agency account
box folder
Map drawer 7 6 File 1935 - Agency account (from Box 12, Folder 14)

Return to the Table of Contents