Dikes v. Miller
Texas Supreme Court
Appeal from Gonzales. This was an action of trespass to try title. The plaintiff claimed title to the land in controversy, under a grant to one Wickson, made in 1831. The defendants claimed by virtue of a patent issued in 1848. The plaintiff read in evidence a translated copy, from the General Land Office, of the original grant to Wickson, of one-fourth of a league of land.
Read the full summary
Appeal from Gonzales. This was an action of trespass to try title. The plaintiff claimed title to the land in controversy, under a grant to one Wickson, made in 1831. The defendants claimed by virtue of a patent issued in 1848. The plaintiff read in evidence a translated copy, from the General Land Office, of the original grant to Wickson, of one-fourth of a league of land. To this there was attached what purported to be a conveyance or release, by the grantee to the government, of the title to the land granted. This instrument bore date on the 2nd day of June, 1843, and recited, as the…
1Opinion of the CourtWheeler, J.
It is objected to the judgment, that the Court erred, 1st, in requiring the plaintiff" to read, as a part of his evidence of title, the paper purporting to be a conveyance from Wickson to the government; 2nd, in the instruction to the jury.
The ground on which the Court required the plaintiff to read in evidence the conveyance or release from Wickson to the government, evidently was, that it was brought into Court by him as a part of his title. But in this, we think, the Court erred. There was no evidence of the genuineness of the instrument, nor does it appear how or when it came into the…
2Cited by1 opinion
- Dikes v. MillerTexas Supreme Court · 1859