Legal Opinion

Goode v. McQueen's Heirs

Texas Supreme Court

Decided December 15, 1848PublishedCited by 13 opinions

— Error from Jasper County. The only question presented in this cause is one which came up on a bill of exceptions to the decision of the court in refusing to give certain instructions to the jury. It is fully stated in the opinion of the court. The form of government established after the overthrow of the Spanish Vice-Poyalty in Mexico, was a limited monarchy, in conformity with the Plan of Iguala, and treaty of Cordova, and the Spanish monarchy was provisionally adopted.

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— Error from Jasper County. The only question presented in this cause is one which came up on a bill of exceptions to the decision of the court in refusing to give certain instructions to the jury. It is fully stated in the opinion of the court. The form of government established after the overthrow of the Spanish Vice-Poyalty in Mexico, was a limited monarchy, in conformity with the Plan of Iguala, and treaty of Cordova, and the Spanish monarchy was provisionally adopted. The executive department of the government was administered by a regency, of which the Generallissimo Don Augustin…

1Opinion of the CourtJustice Lipscomb

Judge Wheeler not sitting,

having been of counsel below.

This was an action by the heirs of David McQueen, to try titles for a league of land alleged to have been granted to their *249father, David McQueen, by the executive of the state of Coa-huila and Texas, on the 20th of September, 1828.

The defense set up was, not guilty of the trespass; 2d, title in himself; 3d, that the plaintiffs were barred from their action by not having brought their suit against the republic, under the border league statute for quieting titles to lands within the border leagues, within the time prescribed by that statute.

2Cases cited2 opinions

  1. Polk's Lessee v. WendalSupreme Court of the United States · 1815
  2. Polk's Lessee v. WendellSupreme Court of the United States · 1820

3Cited by13 opinions

  1. State of Texas v. BalliTexas Supreme Court · 1944
  2. Government Services Insurance Underwriters v. JonesTexas Supreme Court · 1963
  3. State v. Valmont PlantationsCourt of Appeals of Texas · 1961
  4. Christy v. PridgeonSupreme Court of the United States · 1866
  5. State v. BalliCourt of Appeals of Texas · 1943

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