Maverick v. Salinas
Texas Supreme Court
Appeal from Bexar. Action of trespass to try title, commenced September 18th, 1847, by Jose Maria Salinas against Samuel A. Maverick. The defendant pleaded not guilty, and the Statute of Limitations of three and five years. The plaintiff died, and his legal representative was made a party. The plaintiff proved title in his intestate.
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Appeal from Bexar. Action of trespass to try title, commenced September 18th, 1847, by Jose Maria Salinas against Samuel A. Maverick. The defendant pleaded not guilty, and the Statute of Limitations of three and five years. The plaintiff died, and his legal representative was made a party. The plaintiff proved title in his intestate. Defendant offered in. evidence, first, the record of a judgment rendered by the District Court of Bexar county, in the year 1839, against Jose Maria Salinas, at the suit of and in favor of A. M. Vaun.— Plaintiff objected to the introduction of the record, because…
1Opinion of the CourtWheeler, J.
The principal question presented by the record, which requires notice, is as to the propriety of the ruling of the Court, excluding the record of the judgment under which the defendant claimed to have derived title.
It was objected to the reading of the judgment in evidence, *61first, that it was fraudulently obtained ; second, that it was void for the want of jurisdiction—the defendant therein, it was said, not having had legal notice of the suit. It does not appear upon which of these grounds the Court excluded the evidence. If upon the first, it was manifestly erroneous, for the reason that…
2Cited by7 opinions
- Hart v. HunterCourt of Appeals of Texas · 1908
- Hudson v. WheelerTexas Supreme Court · 1871
- Griffith v. ShannonCourt of Appeals of Texas · 1926
- Zeiss v. First State BankCourt of Appeals of Texas · 1916
- Evants v. ErdmanCourt of Appeals of Texas · 1913
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