Nicholson v. Horton
Texas Supreme Court
Appeal from Goliad. Tried below before the Hon. E. J. Davis. The appellant brought this action of trespass, to try the title to a tract of land lying in Carnes county, on the north side of the San Antonio river.
Read the full summary
Appeal from Goliad. Tried below before the Hon. E. J. Davis. The appellant brought this action of trespass, to try the title to a tract of land lying in Carnes county, on the north side of the San Antonio river. The plaintiff set out his title to the land in question, by patent from the State of Texas, dated in 1851, and alleged that the defendants claimed title under a pretended grant from the State of Goahuila and Texas, completed in 1834, for four leagues of land, embracing the premises in controversy; and averred that he had no notice of the existence of any such old grant; that the same…
1Opinion of the CourtWheeler, C. J.
The counsel for the appellant is mistaken in supposing that the land office copy of the title produced in evidence by the defendants, is not a copy of the original title. It is certified as such by the commissioner, is upon the proper seal, and is wanting the certificate appended by the officer to the testimonio. The instrument appears, on its face, to be the first original, or protocol; and if a doubt remained that it is so in fact, the doubt would be removed by a comparison of it with the testimonios of other titles issued by the same officer, in the records of other cases, now before the…
2Cases cited3 opinions
- Guilbeau v. MaysTexas Supreme Court · 1855
- Byrne v. FaganTexas Supreme Court · 1856
- Wheeler v. MoodyTexas Supreme Court · 1853
3Cited by4 opinions
- Beauchamp v. I. & G. N. R'y Co.Texas Supreme Court · 1882
- Ferguson v. RickettsTexas Supreme Court · 1900
- Rosenthal, Meyer & Co. v. MiddlebrookTexas Supreme Court · 1885
- King v. ElsonTexas Supreme Court · 1867