State of Texas v. Ortiz
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Travis County. The state sued to cancel the patent under which defendants, Ortiz and others, claimed the land in controversy. Plaintiff had judgment. On defendants’ appeal the judgment was reversed and rendered in their favor. The state then obtained writ of error.
1Opinion of the Court
GAINES, Chief Justice.
This suit was brought for the State of Texas by its attorney-general, acting presumably under the Act of 1891, to recover the tract of land lying on the Rio Grande River, in Webb County, commonly known as the “Balconcitos.” In the suit it was sought to cancel a patent which had been issued by the officers of the state, the claim being that the patent was issued without authority of law and was therefore void.
The defendants being unable to show any direct documentary evidence of a grant sought to establish such grant by circumstantial evidence. They sought to show, that…
2Cases cited2 opinions
- Texas Mexican Railway Co. v. UribeTexas Supreme Court · 1892
- Von Rosenberg v. HaynesTexas Supreme Court · 1892
3Cited by13 opinions
- Stephenson v. Miller-Link Lumber Co.Texas Commission of Appeals · 1925
- Withers v. Republic Nat. Bank of DallasCourt of Appeals of Texas · 1951
- Glenn v. Dallas County Bois D'Arc Island Levee Dist.Court of Appeals of Texas · 1926
- Railroad Commission v. Arkansas Fuel Oil Co.Court of Appeals of Texas · 1941
- Hamilton v. StateCourt of Appeals of Texas · 1912
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