Wheeler v. Moody
Texas Supreme Court
Appeal from Victoria. This was an action brought by the appellee against the appellant to recover a town lot in the town of Victoria.
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Appeal from Victoria. This was an action brought by the appellee against the appellant to recover a town lot in the town of Victoria. Tlie plaintiff claimed under a title issued by Fernando de Leon, as commissioner of lie Leon’s colony, to Eugenio Benavidas, in 1835. Tlie defendant pleaded “not “guilty.’’ lie. also claimed title in himself derived from the government of the Bepnblie of Texas through the corporation of tlie town‘of Victoria. lie further pleaded tlie statute of limitations of three and ten years. Tlie plaintiff gave in evidence a translated copy from the General Land Office of…
1Opinion of the CourtWheeleb, J.
The grounds relied on for a reversal of the judgment are—
1st. The admission of the plaintiff’s evidence of title.
2d. The instructions of tiie court on the subject of abandonment of the country, and proof of performance of the conditions of the grant by the original grantee, under whom the plaintiff claimed.
3d. The instructions of the court and the finding of the jury in reference to the defense of the statute of limitations.
1. The objection that there was no proof of the authority of the commissioner De Leon to issue the title is not now relied on, and need not be noticed, further than to…
2Cited by9 opinions
- Murphy v. WelderTexas Supreme Court · 1883
- Houston v. BlytheTexas Supreme Court · 1883
- Clayton v. RehmTexas Supreme Court · 1886
- Overton Refining Co. v. HarmonCourt of Appeals of Texas · 1935
- Lasher v. StateCourt of Appeals of Texas · 1891
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