McMullen v. Hodge
Texas Supreme Court
Appeal from Bexar. The plaintiff in the court below, who is the appellant in this court, brought suit to recover a tract of land of eleven leagues, described' by metes and bounds supposed to contain twenty leagues. He offered in evidence a copy of a record from Bexar county which, by agreement, was i-ead in lieu of a copy of the same document which might have been obtained from, the General Land Office.
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Appeal from Bexar. The plaintiff in the court below, who is the appellant in this court, brought suit to recover a tract of land of eleven leagues, described' by metes and bounds supposed to contain twenty leagues. He offered in evidence a copy of a record from Bexar county which, by agreement, was i-ead in lieu of a copy of the same document which might have been obtained from, the General Land Office. This document purports to he the record of certain proceedings under the Government of Mexico, whilst it composed a vieeroyalty of Spain, in relation to the San Lucas lands. It goes to…
1Opinion of the CourtLipscomb, J.
In my investigation of this case, I propose first to take up the doctrine embraced by the two first points made by the counsel for the appellee.
The broad proposition lias been laid down that, by the Revolution that separated Texas from the rest of Mexico, all titles of lands previously obtained were annulled, and that none of them, in propria vigore, could have a standing in court; that to give them life and energy, required the action or sanction *36of the political authorities of the new Government. That this doctrine can he found once to have had standing in the jurisprudence, though rarely…
2Cited by12 opinions
- State v. DiamondNew Mexico Supreme Court · 1921
- Collingsworth County v. AllredTexas Supreme Court · 1931
- Clements v. Texas Co.Court of Appeals of Texas · 1925
- Kilpatrick v. SisnerosTexas Supreme Court · 1859
- Harris v. O'ConnorCourt of Appeals of Texas · 1944
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