Sevier v. Teal
Texas Supreme Court
Error from Goliad. Tried below before the Hon. Wesley Ogden, The nature and material facts of this long contested litigation will be found in the report of the case in 26 Tex. R, 516, when it was before this court on a former appeal. The suit was originally brought in 1858, and the first trial of it in the court below was had in 1858, when the plaintiffs, Sevier- and wife, recovered judgment for nine-tenths of the league of land in controversy.
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Error from Goliad. Tried below before the Hon. Wesley Ogden, The nature and material facts of this long contested litigation will be found in the report of the case in 26 Tex. R, 516, when it was before this court on a former appeal. The suit was originally brought in 1858, and the first trial of it in the court below was had in 1858, when the plaintiffs, Sevier- and wife, recovered judgment for nine-tenths of the league of land in controversy. That judgment was reversed and remanded by this court in 1863, for reasons'to be found in the report already referred to. No further action was taken…
1Opinion of the CourtWalker, J.
This case was before this court for decision in 1888, (26 Tex., 516,) and the decision of the case gave plain directions for a second trial; and so far as we can see from the record, the court below has very correctly pursued the instructions of this court. The law of the case was settled. One question of fact, material to ascertain the rights of the parties, was left to be tried, namely: Did the deed of gift from Sideck to Teal in 1832, exceed in amount one-fifth the value of his property ? If not, it was good under the Spanish law, then in force. The jury have found' this fact for the…
2Cases cited1 opinion
- Teal v. SevierTexas Supreme Court · 1863