Wilson v. Williams
Texas Supreme Court
Appeal from Lavaca. Tried below before the Hon. Fielding Jones. This was an action of trespass to try title brought by J. 0. Wilson against Benjamin Williams, for the recovery of a third of a league of land. The defendant pleaded the general issue. The plaintiff introduced a patent to the land sued for, issued on the 16th day of November, 1848, to John James, assignee of John M. Sowell, and the mesne conveyances from the patentee to himself.
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Appeal from Lavaca. Tried below before the Hon. Fielding Jones. This was an action of trespass to try title brought by J. 0. Wilson against Benjamin Williams, for the recovery of a third of a league of land. The defendant pleaded the general issue. The plaintiff introduced a patent to the land sued for, issued on the 16th day of November, 1848, to John James, assignee of John M. Sowell, and the mesne conveyances from the patentee to himself. The defendant introduced a title issued by the commissioner of DeLeon’s colony on the 27th day of March, 1835, to Archibald Smothers, to one-fourth of a…
1Opinion of the Court
Wheeler J.
The defendant’s was the elder and superior titler and must prevail, unless on the principle of the decision in Guilbeau v. Mays (15 Tex., 410,) the plaintiff’s right is preferred as having been acquired without notice of the elder grant. The decision below turned upon the question of notice, and this appeal brings under revision the rulings of the court excluding evidence offered by the plaintiff to rebut the evidence of notice introduced by the defendant.
The evidence of notice relied on by the defendant, was the testimony of witnesses to the effect, that it was a matter of…
2Cases cited2 opinions
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
- Guilbeau v. MaysTexas Supreme Court · 1855
3Cited by7 opinions
- Tex. & Pac. R'y Co. v. HardinTexas Supreme Court · 1884
- St. Louis Southwestern Railway Co. v. BowlesCourt of Appeals of Texas · 1903
- Hanover Fire Ins. Co. of New York v. HuffCourt of Appeals of Texas · 1915
- King v. ElsonTexas Supreme Court · 1867
- Southwestern Telegraph & Telephone Co. v. ShirleyCourt of Appeals of Texas · 1913
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