Barrett v. Kelly
Texas Supreme Court
Appeal from McLennan. The case was tried before Hon. John Gregg, one of the district judges. The Galindo eleven-league grant, issued on the 19th March, 1833, upon a concession to Galindo dated 13th July, 1830, was older than the colonist grant to Bowman, under which the plaintiffs claimed, and if the eleven-league grant was valid, the plaintiff had no right to recover.
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Appeal from McLennan. The case was tried before Hon. John Gregg, one of the district judges. The Galindo eleven-league grant, issued on the 19th March, 1833, upon a concession to Galindo dated 13th July, 1830, was older than the colonist grant to Bowman, under which the plaintiffs claimed, and if the eleven-league grant was valid, the plaintiff had no right to recover. The plaintiff attacked the Galindo grant on the grounds of want of authority in the officers to issue it and want of capacity in the grantees to take and hold the land. It is useless to follow up the altercations in the…
1Opinion of the CourtMorrill, C. J.
—In 1830 one Galindo, a Mexican citizen, received from the proper authorities of Mexico a concession for eleven leagues of land. This concession, in the year 1833, was located on certain tracts of land, and titles issued to one Wharton, who was also a citizen of Mexico, and who became previously the purchaser thereof. On the 13th day of April, 1833, the day of the issuance of the title, Wharton sold the land to James Barrett and W. D. Barrett.
In 1835 there was granted to one Bowman, as a colonist of the Hashville colony, a title to one league of land, being a portion of the eleven leagues…
2Cases cited4 opinions
- Hancock v. McKinneyTexas Supreme Court · 1851
- Ryan v. JacksonTexas Supreme Court · 1854
- Martin v. ParkerTexas Supreme Court · 1862
- Heirs of Holliman v. PeeblesTexas Supreme Court · 1846
3Cited by10 opinions
- Boyd v. Nebraska Ex Rel. ThayerSupreme Court of the United States · 1892
- Hamilton v. BrownSupreme Court of the United States · 1896
- In re RodriguezDistrict Court, W.D. Texas · 1897
- Giles v. PonderCourt of Appeals of Texas · 1955
- Settegast v. SchrimpeTexas Supreme Court · 1872
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