Andrews v. Heirs of Spear
Texas Supreme Court
Appeal from De Witt. Tried below before the Hon. D. D. Claiborne. This suit was brought by the appellees, as the heirs of John Spear, to recover from Samuel Andrews a tract of land in De Witt county. The appellant entered a disclaimer as to an undivided interest of two-thirds of the land, pleaded not guilty, and set up' title in himself to an undivided one-third of the land, under a conveyance made to him by one James Mahood. He further alleged that.
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Appeal from De Witt. Tried below before the Hon. D. D. Claiborne. This suit was brought by the appellees, as the heirs of John Spear, to recover from Samuel Andrews a tract of land in De Witt county. The appellant entered a disclaimer as to an undivided interest of two-thirds of the land, pleaded not guilty, and set up' title in himself to an undivided one-third of the land, under a conveyance made to him by one James Mahood. He further alleged that. Mordecai Stubbins and his wife Mary, and Joseph Williams and his wife Elizabeth, who was the mother of tire appellees, Eva M., Iona V., and…
1Opinion of the Court
Gould, Associate Justice.
The questions mainly discussed by counsel for appellant grow out of the alleged alien-age of John Spear, at the time (1841) when the land in controversy was conveyed to him, and at the time of his death, in 1852.
The Constitution of the Republic says: “No alien shall hold lands in Texas, except by titles emanating directly from the Government of this Republic.” (Gen. Prov., sec. 10; Paschal’s Dig., p. 37.) We are aware of no decision to the effect that under this constitutional provision a conveyance of land to an alien was a nullity. On the contrary, it has been held,…
2Cases cited6 opinions
- Osterman v. BaldwinSupreme Court of the United States · 1867
- Sabriego v. WhiteTexas Supreme Court · 1868
- Settegast v. SchrimpeTexas Supreme Court · 1872
- Klein v. GehrungTexas Supreme Court · 1860
- Warnell v. FinchTexas Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hanrick v. PatrickSupreme Court of the United States · 1886
- Baker v. WestcottTexas Supreme Court · 1889
- Hanrick v. HanrickTexas Supreme Court · 1880
- Hensel v. KegansTexas Supreme Court · 1891
- Ortiz v. de BenavidesTexas Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.