Legal Opinion

Cowan v. Williams

Texas Supreme Court

Decided July 1, 1878PublishedCited by 22 opinions

Appeal from Collin. Tried below before the Hon. W. H. Andrews. December 17, 1872, H. H. Williams brought an action of trespass to try title against L. C. Cowan and others, in the District Court of Grayson county, for a league and labor of land granted to Miguel Ybarbo on October 13, 1835. The petition set forth the chain of title under which recovery was asked, alleging that he was the owner of the league in Grayson county, Texas, on Bed river, granted to Miguel Ybarbo by…

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Appeal from Collin. Tried below before the Hon. W. H. Andrews. December 17, 1872, H. H. Williams brought an action of trespass to try title against L. C. Cowan and others, in the District Court of Grayson county, for a league and labor of land granted to Miguel Ybarbo on October 13, 1835. The petition set forth the chain of title under which recovery was asked, alleging that he was the owner of the league in Grayson county, Texas, on Bed river, granted to Miguel Ybarbo by the Governor of Coahuila and Texas on October 13, 1835, by title extended to said Ybarbo by George W. Smythe, commissioner…

1Opinion of the Court

Moore, Associate Justice.

Previous to the decision of the case of Blount v. Webster, 16 Tex., 616, grave doubts were entertained by many of our ablest jurists regarding the validity of the class of titles upon which this action was brought. This doubt arose from the supposed requirement of the thirty-second section of the decree of March 26,1834, that the authority of the commissioner by whom they were issued was limited to extending titles “ to the inhabitants of the frontier óf Nacogdoches, and tiaose residing east of Austin’s colonies,” to lands which they were occupying. But this doubt was…

2Cases cited4 opinions

  1. Titus v. KimbroTexas Supreme Court · 1852
  2. Wilcox v. ChambersTexas Supreme Court · 1862
  3. Clay's Heirs v. HolbertTexas Supreme Court · 1855
  4. Blount v. WebsterTexas Supreme Court · 1856

3Cited by22 opinions

  1. Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
  2. State of Texas v. BalliTexas Supreme Court · 1944
  3. Holliday v. HollidayTexas Supreme Court · 1889
  4. Lawther Grain Co. v. WinnifordTexas Commission of Appeals · 1923
  5. Chapman v. KelloggTexas Commission of Appeals · 1923

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