Hatch v. Dunn
Texas Supreme Court
Appeal from Victoria. Action of trespass to try title, by the appellee against the appellants. The plaintiff claimed the league of land in controversy, by virtue of a grant to him as a colonist and head of a family, in Power & Hewitson’s colony, on the 8th of October, 1834. The defendant pleaded “ not guiltythat the grant to the plaintiff was made in fraud and violation of law, the said plaintiff not being, at the time of said pretended grant, the head of a family; and that…
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Appeal from Victoria. Action of trespass to try title, by the appellee against the appellants. The plaintiff claimed the league of land in controversy, by virtue of a grant to him as a colonist and head of a family, in Power & Hewitson’s colony, on the 8th of October, 1834. The defendant pleaded “ not guiltythat the grant to the plaintiff was made in fraud and violation of law, the said plaintiff not being, at the time of said pretended grant, the head of a family; and that plaintiff’ was not a settler or colonist under the contract of Power & Hewitson, during the continuance of said…
1Opinion of the CourtWheeler, J.
It is objected to the judgment. 1st. That the Court erred in admitting in evidence the translated copy from the land office, of the colonization contract of Power & Hewitson, with the accompanying documents.
2nd. That the Commissioner of the colony had no authority to admit the grantee as a colonist, and to issue to him the title, after the expiration of the contract; and
3rd. That the grant is void, because the grantee had not, at the time, a family consisting of a wife or children.
It might suffice, as an answer to the objection now urged to the admission of the evidence in question, that the…
2Cited by19 opinions
- Hill v. MooreTexas Supreme Court · 1892
- G. C. S. F. Ry. Co. v. F. W. R. G. Ry. Co.Texas Supreme Court · 1894
- Harris v. O'ConnorCourt of Appeals of Texas · 1944
- Lasher v. StateCourt of Appeals of Texas · 1891
- McCurdy v. MorganCourt of Appeals of Texas · 1954
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