Legal Opinion

Murphy v. Welder

Texas Supreme Court

Decided January 9, 1883No. Case No. 1381PublishedCited by 25 opinions

Error from San Patricio. Tried below before the Hon. D. P. Marr. This was an action of trespass to try title, brought by Dolores Welder et al. against Alexander Murphy, on the 26th day of February, 1880, to recover one quarter of a league of land originally granted to John Toole as a colonist in the colony of Power and Hewitson, and situate in San Patricio and Bee counties.

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Error from San Patricio. Tried below before the Hon. D. P. Marr. This was an action of trespass to try title, brought by Dolores Welder et al. against Alexander Murphy, on the 26th day of February, 1880, to recover one quarter of a league of land originally granted to John Toole as a colonist in the colony of Power and Hewitson, and situate in San Patricio and Bee counties. Catharine Redmond intervened, and made herself a party defendant, and adopted the answer of her codefendant, Murphy. The plaintiffs in the court below claimed under Toole, the original grantee, and showed a chain of…

1Opinion of the Court

West, Associate Justice.

The evidence of defendants in error disclosed, prima facie, a legal title in them to the land in suit, which would have authorized the judgment of the district court in their favor, unless all or some one of the defenses relied on by the plaintiffs in error were of such a character as to bar or preclude their right to recover, notwithstanding they had exhibited in evidence an apparently perfect title.

One defense was that Mrs. Eedmond offered in evidence a title to the property superior to that of the defendants in error. This claim ivas based upon the supposed will of…

2Cases cited5 opinions

  1. Williams v. CongerTexas Supreme Court · 1878
  2. Carlisle v. HartTexas Supreme Court · 1864
  3. Cowan v. HardemanTexas Supreme Court · 1862
  4. Connolly v. HammondTexas Supreme Court · 1879
  5. Wheeler v. MoodyTexas Supreme Court · 1853

3Cited by25 opinions

  1. Satterwhite v. RosserTexas Supreme Court · 1884
  2. Shaver v. National Title & Abstract Co.Texas Supreme Court · 1962
  3. Houston Oil Co. of Texas v. StepneyCourt of Appeals of Texas · 1916
  4. Richey v. MillerTexas Supreme Court · 1944
  5. De Las Fuentes v. McDonaldTexas Supreme Court · 1892

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