Legal Opinion

Beaty v. Whitaker

Texas Supreme Court

Decided July 1, 1859PublishedCited by 17 opinions

Appeal from Anderson. Tried below before the Hon. Reuben A. Reeves. This was an action of trespass to try title to a league of land, brought by the appellee against the appellants, Andrew Beaty and William McSwain, in Freestone county; to which the other appellants, Giles N. Graves, James Ferguson, Simon Desoto and Forbes I. Houston, made themselves parties, as intervenors.

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Appeal from Anderson. Tried below before the Hon. Reuben A. Reeves. This was an action of trespass to try title to a league of land, brought by the appellee against the appellants, Andrew Beaty and William McSwain, in Freestone county; to which the other appellants, Giles N. Graves, James Ferguson, Simon Desoto and Forbes I. Houston, made themselves parties, as intervenors. The land in controversy was granted to Gertrudes Luna, under whom the plaintiffs and intervenors claimed title. The case was, by change of venue, removed from Freestone to Anderson county; a jury was waived, and the case…

1Opinion of the CourtWheeler, C. J.

The appellants question the authority of the primary judge, before whom the act of sale from Luna, the grantee of the land, to Whitaker, the plaintiff, was passed, of *528the 14th of November, 1836. But the authority of the judge, we think, cannot reasonably admit of question. The law conferred on him the office and powers of a notary. (Act of Prov. Gov., Art. 5, 6; Hart. Dig. p. 18.) These, under the laws then in force, invested him with authority to make a record of the execution of such acts of sale, and transfers of title; and his acts were entitled to faith, as authentic acts. (Smith v.…

2Cases cited3 opinions

  1. Apthorp v. ComstockNew York Court of Chancery · 1829
  2. Jewett v. PalmerNew York Court of Chancery · 1823
  3. Smith v. TownsendTexas Supreme Court · 1843

3Cited by17 opinions

  1. Lindsay v. JaffrayTexas Supreme Court · 1881
  2. Ryle v. DavidsonTexas Supreme Court · 1909
  3. Ferguson v. FergusonTexas Commission of Appeals · 1930
  4. Clayton v. McKinnonTexas Supreme Court · 1881
  5. McCarty v. JohnsonCourt of Appeals of Texas · 1899

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