Ortiz v. de Benavides
Texas Supreme Court
Appeal from Webb. Tried below before the Hon. John C. Bussell. Two suits in trespass to try title, brought in the district court of Webb county, by Teresa P. de Benavides, Antonia Pisana Bamos and husband, Ygnacio Bamos, and Pamfila Dovalina Bamon and husband, George Bamon, against' F. Farias, and Juan Ortiz and F. Farias, as defendants, were ordered, pursuant to agreement of the parties, by said district court, at its October term, 1883, to be consolidated, and both parties…
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Appeal from Webb. Tried below before the Hon. John C. Bussell. Two suits in trespass to try title, brought in the district court of Webb county, by Teresa P. de Benavides, Antonia Pisana Bamos and husband, Ygnacio Bamos, and Pamfila Dovalina Bamon and husband, George Bamon, against' F. Farias, and Juan Ortiz and F. Farias, as defendants, were ordered, pursuant to agreement of the parties, by said district court, at its October term, 1883, to be consolidated, and both parties required to replead. Appellees, on the 25th of October, filed a new original petition in trespass to try title against…
1Opinion of the Court
Stayton, Associate Justice.—
The court did not err in overruling the exceptions of the defendants which presented the question of the right of one of the plaintiffs to maintain a real action, she being *63an alien. If she has title it is through inheritance from Jose Gonzales, who was a Mexican citizen and died in 1816. It is regarded as settled, in this state, that aliens so claiming may maintain actions for land. Jones v. McMasters, 20 How., 20; Sabriego v. White, 30 Tex., 576; Andrews v. Spear, 48 Tex., 580.
The defendants pleaded the statutes of limitation, to which there was no replication of…
2Cases cited6 opinions
- Jones v. McMasters Ex Rel. YbarbaSupreme Court of the United States · 1858
- Charle v. SaffoldTexas Supreme Court · 1854
- Sabriego v. WhiteTexas Supreme Court · 1868
- Cherry v. SpeightTexas Supreme Court · 1866
- Lambert v. WeirTexas Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- White v. WhiteTexas Supreme Court · 1944
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Callan v. WaltersCourt of Appeals of Texas · 1916
- Powers v. SchubertCourt of Appeals of Texas · 1920
8 more not listed; retrieve them via the Exa API.