Hamilton v. Avery
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. Thomas J. Devine. The colonial contract of Austin & Williams was dated Leona Vicario, 25th February, 1831. Arciniega, the Commissioner by whom the title to Avery was extended, was not Commissioner of the colony of Austin and Williams. The fourth Article, quoted in the Opinion, is from the contract for Austin’s Little Colony. This appeal was filed on the 16th of November, 1853. The other facts are stated in the Opinion.
1Opinion of the CourtRoberts, J.
The land located and surveyed by Hamilton, by virtue of a land warrant for 1120 acres, is situated entirely out of the limits of Austin’s Little Colony, (as it is called.) The survey was made in April, 1847, and the field-notes were examined and returned into the General Land Office before suit was brought by Hamilton, which was on the 7th September, 1849. Avery claims title to the land sued for, under a grant issued to him “as a colonist in the enterprise of colonization contracted with the Government of the State of Coahuila and Texas by the empressario Estevan F. Austin, on the 20th of…
2Cited by19 opinions
- Milam County v. J. M. BatemanTexas Supreme Court · 1880
- Godfrey v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Wright v. HawkinsTexas Supreme Court · 1866
- Atlantic Refining Company v. NoelTexas Supreme Court · 1969
- Talley v. Lamar CountyTexas Supreme Court · 1911
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