Legal Opinion

Hubert v. Bartlett's Heirs

Texas Supreme Court

Decided July 1, 1852PublishedCited by 13 opinions

Appeal from Washington. Trespass to try title by the heirs of Jessoe Bartlett against Mary A. Hubert. The plaintiff deraigneil title from Samuel Miller, who received a grant from the government of Coálmila and Texas of one league of laud in 1S24, which lie conveyed, by public act before Horatio Chrisman, alcalde of the municipality of Austin, to Bartlett in 1832. The defendaut claimed the land in controversy as being included within the boundaries of Adam Lawrence’s survey,…

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Appeal from Washington. Trespass to try title by the heirs of Jessoe Bartlett against Mary A. Hubert. The plaintiff deraigneil title from Samuel Miller, who received a grant from the government of Coálmila and Texas of one league of laud in 1S24, which lie conveyed, by public act before Horatio Chrisman, alcalde of the municipality of Austin, to Bartlett in 1832. The defendaut claimed the land in controversy as being included within the boundaries of Adam Lawrence’s survey, made in 1831, and by him conveyed to her husband, of whose estate she was the administratrix. The matter in controversy…

1Opinion of the CourtWheeler, J.

It is objected to the judgment, 1st, that the court erred in its rulings upon the admissibility of evidence introduced by the plaintiffs; 2d, that tlie verdict ivas contrary to law and the evidence.

To the objection now urged to the land office copy of the title to Miller that it was not a translated copy, it is a sufficient answer that this objection was not made at the trial.

'1'ln' manner in which the instrument was attested is certainly obnoxious to just criticism. It was a mode of attestation adopted, doubtless, from a supposition that tlie Spanish clerk was especially responsible for tlie…

2Cited by13 opinions

  1. Stroud v. SpringfieldTexas Supreme Court · 1866
  2. Booth v. UpshurTexas Supreme Court · 1861
  3. Chapman v. KelloggTexas Commission of Appeals · 1923
  4. Jones v. AndrewsTexas Supreme Court · 1884
  5. Goodson v. FitzgeraldCourt of Appeals of Texas · 1905

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