Bohanan v. Hans
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Action of trespass to try title to a portion of a league of land in Washington county, brought by appellants, James Bohanan and Lea A. Bohanan, his wife, against the appellee, Henry Hans. Lea A. Bohanan claimed title to the land by virtue of a grant to her first husband, Samuel Hinch, since deceased, and by a deed of gift from Chas. Gr. Hinch.
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Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Action of trespass to try title to a portion of a league of land in Washington county, brought by appellants, James Bohanan and Lea A. Bohanan, his wife, against the appellee, Henry Hans. Lea A. Bohanan claimed title to the land by virtue of a grant to her first husband, Samuel Hinch, since deceased, and by a deed of gift from Chas. Gr. Hinch. The defendant pleaded general denial, not guilty, three, five, ten and fifteen years limitation, stale demand, and set up title in himself. On the trial, an agreed statement of facts…
1Opinion of the CourtWheeler, C. J.
The important question to be considered is, whether the defendant has shown a good title to the land in controversy. For if he has a good title as against the plaintiffs, that will supersede the necessity of considering the other controverted questions; they will become immaterial.
Under the authority of Mills v. Alexander, (21 Tex. R., 154,) it must, we think, be held that the decree of the 11th of September, 1835, of the judge of the first instance of the jurisdiction of Austin, was a valid judgment divesting the original grantee of the title and vesting it in Ayres; and that if concludes…
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