Jones v. Menard
Texas Supreme Court
Appeal from Liberty County. The appellee in this case, on the 13th September, 1843, filed his petition against the appellant, Jones, for the recovery of a league of land situated on the Trinity river, and alleged in the petition to have been granted to petitioner by the government of Coahuila and Texao in 1835. On the 25th February, 1845, plaintiff filed an amended petition, in which he describes the land by metes and bounds, alleging that the land was granted to him on the…
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Appeal from Liberty County. The appellee in this case, on the 13th September, 1843, filed his petition against the appellant, Jones, for the recovery of a league of land situated on the Trinity river, and alleged in the petition to have been granted to petitioner by the government of Coahuila and Texao in 1835. On the 25th February, 1845, plaintiff filed an amended petition, in which he describes the land by metes and bounds, alleging that the land was granted to him on the 3d July, 1835; annexing to the amended petition a copy of the grant in the Spanish language, authenticated by the…
1Opinion of the CourtLipsoomb, J.
As the first in order, we will examine into the propriety of admitting the paper title offered and given in evidence by the plaintiff. It must be borne in mind that the plaintiff in his petition alleges as the foundation of his action a grant from the state of Ooahuila and Texas under the colonization law; perhaps it was not necessary for him to have rested his right of action on this specific character of title, but having done so, the well established rules of pleading required him to produce proof corresponding with his averment; a departure from this salutary rule would introduce the most…
2Cases cited2 opinions
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- SOULARD AND OTHERS v. United StatesSupreme Court of the United States · 1830
3Cited by11 opinions
- Rudder v. PonderTexas Supreme Court · 1956
- League v. De YoungTexas Supreme Court · 1847
- Peyton v. BartonTexas Supreme Court · 1880
- Lambert v. WeirTexas Supreme Court · 1864
- Parker v. BainsTexas Supreme Court · 1883
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