Trimble v. Administrator of Smithers
Texas Supreme Court
Appeal from Eexar County Tbo appellee, who was plaintiff in the court below, filed his petition on the 12th day of September, 1839, alleging, among other things, that he was the purchaser ánd owner of two leagues of land, which had been granted by the state of Coahuila and Texas in 1833, to his vendor, one Jose Luis Carabajal, and that the appellants had illegally made locations and surveys upon the same.
Read the full summary
Appeal from Eexar County Tbo appellee, who was plaintiff in the court below, filed his petition on the 12th day of September, 1839, alleging, among other things, that he was the purchaser ánd owner of two leagues of land, which had been granted by the state of Coahuila and Texas in 1833, to his vendor, one Jose Luis Carabajal, and that the appellants had illegally made locations and surveys upon the same. He prayed that the commissioner of the general land office might be enjoined from issuing patents thereon to the said defendants until the matter in controversy could be heard and…
1Opinion of the Court
Hemphill, O. J.
Tbe original instrument in tbe Spanish language has been sent up with tbe record, and from a slight inspection I should not suppose the verb amparar, as used in tbe document, to mean tbe giving of preferent possession, or of any possession at all, but rather as securing the land to tbe claimant until be can be placed in possession, or, as it is expressed in tbe original, “ hasta que se le meta en posesión.”
Several points have been ably and zealously discussed in tbe argument of this cause, but it will not be necessary to examine any other than tbe one raised by tbe demurrer,…
2Cases cited2 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- Chouteau v. EckhartSupreme Court of the United States · 1844
3Cited by5 opinions
- League v. De YoungTexas Supreme Court · 1847
- Sherwood v. FlemingTexas Supreme Court · 1860
- T. H. Mastin & Co. v. Kirby Lumber Co.District Court, S.D. Texas · 1936
- Perry v. ColemanTexas Commission of Appeals · 1880
- Succession of Norton v. Commissioner of the General Land OfficeTexas Supreme Court · 1847