Legal Opinion

Titus v. Kimbro

Texas Supreme Court

Decided July 1, 1852PublishedCited by 13 opinions

This case distinguished from the ease of Jones v. Menard. (1 Tex. It., 771.) Appeal from Anderson. The appellant brought his suit to recover from the defendant one-third of a league of land in the possession of the defendant, the appellee.

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This case distinguished from the ease of Jones v. Menard. (1 Tex. It., 771.) Appeal from Anderson. The appellant brought his suit to recover from the defendant one-third of a league of land in the possession of the defendant, the appellee. The appellant derived his title by virtue of a patent issued to him on the 26th of Jane, A. D. 1850, as assignee of Jesse Billingsley, on a survey made by virtue of a certificate issued to the said Billingsley by tho board of land commissioners for the county of Bastrop. The defendant derived title from a deed or graut commonly called a testi-monio, issued…

1Opinion of the CourtLipscomb, J.

The legal character and effect of the instrument called the testimonio, such as is presented in this record by the appellee in support of his title to the land, lias often been presented to the consideration of this court, and in the case of Smith v. Townsend, decided by the Supreme Court under the Republic, (Dallam, 569,) underwent a most thorough investigation, and the court arrived at aud expressed the following conclusion: “From the authorities and laws to which we have referred, "as well as from the facts proven in this case, we conclude that copies of notarial acts were, at the time of…

2Cases cited2 opinions

  1. Mitchel and Others v. United StatesSupreme Court of the United States · 1835
  2. Smith v. TownsendTexas Supreme Court · 1843

3Cited by13 opinions

  1. Spencer v. LapsleySupreme Court of the United States · 1858
  2. Hatchett v. ConnerTexas Supreme Court · 1867
  3. Houston v. BlytheTexas Supreme Court · 1883
  4. Cowan v. WilliamsTexas Supreme Court · 1878
  5. Beaumont Pasture Co. v. Preston & SmithTexas Supreme Court · 1886

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