Mitchell v. Bass
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding J ones. Suit of trespass to try title by appellee against appellant, for thirty acres of land on the south side and adjoining the town of Gonzales, which appellant claimed by virtue of a patent issued to him by the State of Texas on the 4th day of April, 1856. The defendant set up several defences, and specially pleaded that the land for which plaintiff instituted suit, and from which he seeks to evict defendant, was…
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Appeal from Gonzales. Tried below before the Hon. Fielding J ones. Suit of trespass to try title by appellee against appellant, for thirty acres of land on the south side and adjoining the town of Gonzales, which appellant claimed by virtue of a patent issued to him by the State of Texas on the 4th day of April, 1856. The defendant set up several defences, and specially pleaded that the land for which plaintiff instituted suit, and from which he seeks to evict defendant, was surveyed, laid out and set apart as a public highway on or about the year 1832, by order of Jose Maria Navarro, the…
1Opinion of the CourtWheeler, C. J.
Two grounds are relied on for reversing the judgment—1st. That the court improperly'admitted the patent in evidence without proof of the assignment of the certificate on which it issued. 2d. The refusal of the court to grant a new trial.
Upon the first point we think the ruling of the court was manifestly correct. The law authorized the commissioner of the land office to issue the patent to the assignee, upon his presenting a sufficient and properly authenticated chain of transfer from the original grantee down to himself. (O. &. W. Dig., art. 1274.) The commissioner was made the judge of the…
2Cases cited1 opinion
- Town of Bethlem v. Town of RoxburySupreme Court of Connecticut · 1850
3Cited by87 opinions
- Jackson v. Van WinkleTexas Supreme Court · 1983
- Vickers v. Philip Carey Co.Supreme Court of Oklahoma · 1915
- Coxl v. CampbellTexas Supreme Court · 1940
- Gowan v. ReimersCourt of Appeals of Texas · 1949
- New Amsterdam Casualty Company v. JordanTexas Supreme Court · 1962
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