Maxey v. O'Connor
Texas Supreme Court
Appeal from Refugio. Tried below before the Hon. Edmond J. Davis. This was an action of trespass to try title, brought by Elisha Maxey, the appellant, on the 12th of November, 1855, against Thomas O’Connor, the appellee.
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Appeal from Refugio. Tried below before the Hon. Edmond J. Davis. This was an action of trespass to try title, brought by Elisha Maxey, the appellant, on the 12th of November, 1855, against Thomas O’Connor, the appellee. On the trial, the plaintiff proved the location, and re-locations made by him on- the land in controversy, by virtue of a certificate for land, as alleged in his petition; which was in the ordinary form, simply claiming title, alleging trespass, &c., by the defendant. The defendant read in evidence the colonization contract of Power and Hewitson for the ten coast leagues,…
1Opinion of the CourtWheeler, C. J.
The plaintiff claims the land in controversy, under a certificate located in 1855, and re-located in 1856, and again in 1857. The defendant is in possession, claiming under a grant to the empresarios, Power and Hewitson, of four and a half leagues, as their premium lands, issued by. the commissioner of the colony, on the 12th of October, 1834.
The main ground on which the plaintiff asserts the right to appropriate the land, by the location of his certificate upon it as vacant land, is, that the title under which the defendant claims is fraudulent and void.
There is no pretence that there was…
2Cases cited6 opinions
- United States v. HughesSupreme Court of the United States · 1851
- Stringer v. Lessee of YoungSupreme Court of the United States · 1830
- Johnston v. SmithTexas Supreme Court · 1858
- Hancock v. McKinneyTexas Supreme Court · 1851
- Edwards v. JamesTexas Supreme Court · 1851
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3Cited by11 opinions
- State v. BalliCourt of Appeals of Texas · 1943
- Harris v. O'ConnorCourt of Appeals of Texas · 1944
- Foster v. Duval County Ranch Co.Court of Appeals of Texas · 1953
- Elliot v. MitchellTexas Supreme Court · 1866
- Howell v. HanrickTexas Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.