Sutton v. Carabajal
Texas Supreme Court
Appeal from Nueces. Tried below before the Hon. E. J. Davis. Suit of trespass to try title, brought by appellees against appellants to recover damages and a league of land situated in Goliad county. Petition was filed in the District Court of Goliad county. Venue changed to Nueces. The appellees, Louisa Carabajal and others, claimed the league ad heirs at law of Nicholas Carabajal. The original defendant was Joseph D. Ryan, the tenant in possession.
Read the full summary
Appeal from Nueces. Tried below before the Hon. E. J. Davis. Suit of trespass to try title, brought by appellees against appellants to recover damages and a league of land situated in Goliad county. Petition was filed in the District Court of Goliad county. Venue changed to Nueces. The appellees, Louisa Carabajal and others, claimed the league ad heirs at law of Nicholas Carabajal. The original defendant was Joseph D. Ryan, the tenant in possession. Robert E. Sutton, his landlord, was made party defendant. The defendants set up title in Sutton to one tract, composed of two surveys—one for…
1Opinion of the CourtWheeler, C. J.
We are of opinion that the court did not err in excluding the evidence offered to establish a right by pre-emption. A right of pre-emption could not be acquired upon titled In-nd. The claim constituted neither title nor color of title to support the plea of the statute of limitations.
It is not material to ascertain the respective rights of the plain*500tifís. It is not denied that some of them were entitled to maintain the action.
The defence relied on was the statute of limitations $s to th@ six-hundred and forty acre tract claimed by the defendant. ' Upon this defence, the parties, by agreement,…
2Cited by13 opinions
- Lindsay v. JaffrayTexas Supreme Court · 1881
- Buford v. BostickTexas Supreme Court · 1882
- Hanrick v. DoddTexas Supreme Court · 1884
- Houston Oil Co. of Texas v. William M. Rice InstituteCourt of Appeals of Texas · 1917
- Haynes v. T. N. O. R. R. Co.Court of Appeals of Texas · 1908
8 more not listed; retrieve them via the Exa API.