Swift v. Herrera
Texas Supreme Court
Appeal from Guadaloupe. Action of trespass to try title by Herrera against Swift. Swift denied all and singular, &e.; set up title in liimself by virtue of locations made in 1S49, alleging that the pretended grant to Mansola, under which the plaintiff claimed, was void; that no concession was ever made by the Governor as is stated in said title; that no report of the ayuntamiento was liad as was pretended to be sot forth in said title; that the officer pretending'to grant…
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Appeal from Guadaloupe. Action of trespass to try title by Herrera against Swift. Swift denied all and singular, &e.; set up title in liimself by virtue of locations made in 1S49, alleging that the pretended grant to Mansola, under which the plaintiff claimed, was void; that no concession was ever made by the Governor as is stated in said title; that no report of the ayuntamiento was liad as was pretended to be sot forth in said title; that the officer pretending'to grant the same was wholly without authority, and that he withheld the original and never did transmit the same to the political…
1Opinion of the Court
Hemphill, Ch. J.
This is an action for the recovery of a tract of land. The plaintiff (who is appellee in this court) claims under a title issued by J. Antonio Navarro, one of the commissioners of the State of Coahuila and Texas for the distribution of lands, and'the 'defendant claims by virtue of locations under land certificates issued since the revolution. Judgment was given for the plaintiff, and the defendant, having appealed, assigns' for error :
1st. The ruling out by the court of that portion of defendant’s answer excepted to by the plaintiff. That portion of the answer set up a…
2Cited by8 opinions
- Kilpatrick v. SisnerosTexas Supreme Court · 1859
- Harris v. O'ConnorCourt of Appeals of Texas · 1944
- Sideck v. DuranTexas Supreme Court · 1887
- Maxey v. O'ConnorTexas Supreme Court · 1859
- Foster v. Gulf Oil CorporationCourt of Appeals of Texas · 1960
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