Marsh v. Weir
Texas Supreme Court
Appeal from Brazoria.. Tried below before the Hon. Joseph 0. Megginson. Trespass to try title, by Shubael Marsh against Reuben L. Weir, to the half of a league of land originally granted to said Marsh in 1824; commenced February 27th, 1847. Joseph M. McCormick, who was the landlord of Weir, became a party defendant.
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Appeal from Brazoria.. Tried below before the Hon. Joseph 0. Megginson. Trespass to try title, by Shubael Marsh against Reuben L. Weir, to the half of a league of land originally granted to said Marsh in 1824; commenced February 27th, 1847. Joseph M. McCormick, who was the landlord of Weir, became a party defendant. Defendants pleaded not guilty; claimed title to the lower quarter of said league, by sale and conveyance, in 1824, from said Marsh to John McCormick, of whom defendant Joseph M. McCormick was sole heir ; adverse possession under title and color of title for three years before the…
1Opinion of the CourtWheeler, J.
The Court excluded the plaintiff's title be•cause it did not appear on the face of the grant, that it was ■made with the consent of the 'Executive of Mexico. In this the Court manifestly erred. This was a grant made under the 17th Article of the Law of the 24th of March, 1825, in augmentation of the quantity previously granted to the plaintiff as a colonist. It was granted to him as a colonist, on ac■count of his possessing the qualities mentioned in the 17th Article, which entitled the colonist to an augmentation of the •quantity mentioned in the three preceding Articles of the Law. And it…
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