Hamilton v. Menifee
Texas Supreme Court
Appeal from Goliad. Action of trespass to try title. The appellant, who was plaintiff in the Court below, deraigned title from Thomas Buentello. The defendants claimed by virtue of locations, and set up an outstanding title in Dolores Carabahal, or those claiming under her. The land was part of the lands which had belonged to the extinguished Mission of Befugio. The plaintiff having the oldest title, the question was whether it was valid.
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Appeal from Goliad. Action of trespass to try title. The appellant, who was plaintiff in the Court below, deraigned title from Thomas Buentello. The defendants claimed by virtue of locations, and set up an outstanding title in Dolores Carabahal, or those claiming under her. The land was part of the lands which had belonged to the extinguished Mission of Befugio. The plaintiff having the oldest title, the question was whether it was valid. That question was resolved into two, Whether the land lay within the ten Littoral Leagues, which were treated by the Court as coterminous with the colony of…
1Opinion of the Court
Hemphill, Ch. J.
This case presents several questions of importance. The want of time, however, forbids the discussion of any but the most essential.
The plaintiff relies upon a concession to Thomas Bnentello. It appears from the title of Buentello, that on the 23rd June, 1832, he petitioned the Governor of the State for a grant of the land in question, representing to his Excellency, that in former years he had addressed two petitions to the Executive to the same effect, bnt that they had not been acted upon; that the land lies without the Littoral Leagues; that he has cultivated the same, and…
2Cited by20 opinions
- Rosborough v. PictonCourt of Appeals of Texas · 1896
- Ledyard v. BrownTexas Supreme Court · 1864
- Elliott v. MitchellTexas Supreme Court · 1877
- Harris v. O'ConnorCourt of Appeals of Texas · 1944
- De Merit v. RobisonTexas Supreme Court · 1909
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