Johnston v. Smith
Texas Supreme Court
* Appeal from Harrison. Tried below before Hon. W. W„ Morris. Action of trespass to try title. It was admitted on the trial that the appellant had a regular chain of title to the land in controversy from the grantee; that he purchased in good faith and for a valuable consideration in the year 1840 ; that he was then a citizen of Texas and has so continued ; that defendants were in possession oí a part of the land sued for.
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* Appeal from Harrison. Tried below before Hon. W. W„ Morris. Action of trespass to try title. It was admitted on the trial that the appellant had a regular chain of title to the land in controversy from the grantee; that he purchased in good faith and for a valuable consideration in the year 1840 ; that he was then a citizen of Texas and has so continued ; that defendants were in possession oí a part of the land sued for. It was admitted by the appellant that the land in controversy was situated within the twenty border leagues; that the grantee of said land was a native of Louisiana or…
1Opinion of the CourtWheeler, J.
The grounds on which the defendants, by their answer, sought to impeach the validity of the grant, under which the plaintiff, claims, were, 1st. That the grantee did not enter upon and cultivate the land within six years, and that he abandoned the country before the expiration of that period. 2nd. That the consent of the Executive of New Mexico was not obtained to the making of the grant, the land lying within the border leagues.
The grant, under which the plaintiff claims, was issued by the Commissioner Smyth, under the 32nd Article of the Law of the 26th of March, 1834; and the decision of…
2Cases cited3 opinions
- Prevost v. GratzSupreme Court of the United States · 1821
- Sampeyreac and Stewart v. United StatesSupreme Court of the United States · 1833
- Humbert v. Rector of Trinity ChurchCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by33 opinions
- Koy v. SchneiderTexas Supreme Court · 1920
- State of Texas v. BalliTexas Supreme Court · 1944
- Boone v. HulseyTexas Supreme Court · 1888
- G. C. S. F. Ry. Co. v. F. W. R. G. Ry. Co.Texas Supreme Court · 1894
- Hickman v. GillumTexas Supreme Court · 1886
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