State v. Gallardo
Court of Appeals of Texas
Appeal from District Court, Travis County; Charles A. Wilcox, Judge. Action by the State against Jose L. Gal-lardo and others. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Travis County; Charles A. Wilcox, Judge. Action by the State against Jose L. Gal-lardo and others. Judgment for defendants, and plaintiff appeals. The state of Texas, acting through the Attorney General’s department, brought this suit in trespass to try title, seeking to recover two leagues of land situated in Hidalgo county, and described, in part, in plaintiff’s petition as “all that part of that certain tract or parcel of land known as ‘Los Ejidos’ that lies on the north side of said Rio Grande river.” Jose L. Gallardo and a large number of others were made…
1Opinion of the CourtKey, C. J.
(after stating the facts as above). Speaking generally, the questions presented for decision are: First, alleged error in refusing to render final judgment in favor of appellant against the defendants who failed to answer; second, alleged error in refusing to sustain the plea of res adjudi-cata; third, alleged error in holding that the grant from the King of Spain was available as a defense; and, fourth, alleged error in holding that appellees had title available as a defense under the sale of November 9, 1836. Of course, some of these questions involve more than one question of law; but they…
2Cases cited23 opinions
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Mitchel and Others v. United StatesSupreme Court of the United States · 1835
- Society for Savings v. CoiteSupreme Court of the United States · 1868
- Strother v. LucasSupreme Court of the United States · 1838
- Delassus v. United StatesSupreme Court of the United States · 1835
18 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mitchell v. Town of RefugioCourt of Appeals of Texas · 1954
- State v. PalaciosCourt of Appeals of Texas · 1912