Legal Opinion

Gaither v. Hanrick

Texas Supreme Court

Decided November 22, 1887No. 5952PublishedCited by 15 opinions

Appeal from. Falls. Tried below before the Hon. Eugene Williams. This suit was brought by E. G. Hanrick, in form of trespass to try title, against A. B. Gaither, for a tract of land in Falls county, on tenth of August, 1883, describing it by metes and bounds, and alleging that said tract was r, part of a survey of eleven leagues, granted to Rafael de Aguirre.

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Appeal from. Falls. Tried below before the Hon. Eugene Williams. This suit was brought by E. G. Hanrick, in form of trespass to try title, against A. B. Gaither, for a tract of land in Falls county, on tenth of August, 1883, describing it by metes and bounds, and alleging that said tract was r, part of a survey of eleven leagues, granted to Rafael de Aguirre. The defendant answered by general denial, not guilty, and specially that R. M. Brener, possessing all of the necessary qualifications, had, in August, 1876, pre-empted said tract of land, and that said Breuer after-wards sold to…

1Opinion of the Court

Maltbie, Judge.

The plaintiff offered in evidence the translated copy of the title to Rafael De Aguirre to the land in controversy. On the first leaf o,r page of said certified copy there appear the following words and figures:

“Title in favor of Rafael de Aguirre for 11 leagues of land, 10 of which are situated on San Jani C. and Williamson’s creeks, and one league on Cow bayou, west side of Brazos, issued by T. Lessessier, alcalde of San Felipe, October 22, 1829.” Written in pencil: “This is the genuine title to Rafael de Aguirre— the name Perfecto Valdez inserted through mistake. J. P. B.”…

2Cases cited8 opinions

  1. Dorn v. DunhamTexas Supreme Court · 1859
  2. Pilcher v. KirkTexas Supreme Court · 1881
  3. Sartain v. HamiltonTexas Supreme Court · 1854
  4. Hanrick v. DoddTexas Supreme Court · 1884
  5. Warhmund v. Merritt & MetcalfTexas Supreme Court · 1883

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Magee v. PaulCourt of Appeals of Texas · 1913
  2. Pritchard v. . WilliamsSupreme Court of North Carolina · 1918
  3. Louder v. SchluterTexas Supreme Court · 1890
  4. Crosby v. ArdoinCourt of Appeals of Texas · 1912
  5. Runkle v. SmithCourt of Appeals of Texas · 1911

10 more not listed; retrieve them via the Exa API.

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