Legal Opinion

Blair v. Odin

Texas Supreme Court

Decided December 15, 1848PublishedCited by 5 opinions

— Appeal from Yictoria County. The material facts of this case are stated in the opinion of the court. The principles whicli govern in tbe trial of ejectment are applicable in this action. 1st. There is no evidence to show that the plaintiff, or tbe Mexican Catholic church, ever bad possession of tbe premises in question. Tie must then sbow a good and indefeasible title from either tbe Mexican or Texan government. 2d.

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— Appeal from Yictoria County. The material facts of this case are stated in the opinion of the court. The principles whicli govern in tbe trial of ejectment are applicable in this action. 1st. There is no evidence to show that the plaintiff, or tbe Mexican Catholic church, ever bad possession of tbe premises in question. Tie must then sbow a good and indefeasible title from either tbe Mexican or Texan government. 2d. He cannot claim under the Texan government unless be claims under the private act of 1841, granting bim certain property as trustee, etc. The premises in suit are not granted by…

1Opinion of the CourtJustice Lipsoomb

This suit was brought by Bishop Odin, as the head of the Roman Catholic church in Texas, to recover a lot or square of ground in the town of Victoria. It appears, from the proof, and the facts admitted by counsel, that the town of- Victoria was laid out and surveyed in 1832, as a four league town, in De Leon’s colony. That the lot in controversy was designated *292on the map of the town as the church square; and it was admitted that, at that time, it was designed for a church, curate’s dwelling, and other ecclesiastical edifices; that it had never been occupied or used for any other purpose,…

2Cases cited4 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
  3. Goodlet v. SmithsonSupreme Court of Alabama · 1837
  4. Antones v. Heirs of EslavaSupreme Court of Alabama · 1839

3Cited by5 opinions

  1. Foster v. HardingSupreme Court of Oklahoma · 1967
  2. Houston & Great Northern Railroad v. KuechlerTexas Supreme Court · 1872
  3. Newark Athletic Club v. Board of AdjustmentSupreme Court of New Jersey · 1929
  4. Ex Parte AndersonCourt of Criminal Appeals of Texas · 1904
  5. Boggs v. Merced Mining Co.California Supreme Court · 1859

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