Legal Opinion

Dailey v. Starr

Texas Supreme Court

Decided July 1, 1863PublishedCited by 34 opinions

Appeal from Tyler. Tried below before the Hon. J. M. Maxey, This was an action of trespass to try title brought by the appellees as administrators of Frost Thorn, deceased, against Daniel Dailey and several other persons. The land in controversy was a portion of a five league tract granted in 1834 by the Mexican government to Gavino Aranjo. Both parties claimed under the grant, the validity of which was-consequently not questioned.

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Appeal from Tyler. Tried below before the Hon. J. M. Maxey, This was an action of trespass to try title brought by the appellees as administrators of Frost Thorn, deceased, against Daniel Dailey and several other persons. The land in controversy was a portion of a five league tract granted in 1834 by the Mexican government to Gavino Aranjo. Both parties claimed under the grant, the validity of which was-consequently not questioned. The petition was in the usual form, alleging ownership generally by the plaintiffs as administrators, without disclosing their title, or alleging any loss of…

1Opinion of the CourtBell, J.

There were many bills of exception" taken in the course of the trial of this case in the court, below, and numerous errors are assigned, some of which we deem only worthy of a passing notice. In relation to the first exception taken, which was to the admissibility of the deed from Bean to Thom and Pinckney, on. the ground that it was not properly authenticated for record, we think it sufficient to say, that the authentication was in the form commonly in use in those days, and although it may be slightly obnoxious to verbal criticism, it has always been held to be in compliance with the…

2Cited by34 opinions

  1. Veramendi v. HutchinsTexas Supreme Court · 1878
  2. Garner v. LaskerTexas Supreme Court · 1888
  3. Manchaca v. FieldTexas Supreme Court · 1884
  4. Spencer v. LevyCourt of Appeals of Texas · 1914
  5. Biencourt v. ParkerTexas Supreme Court · 1864

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