Harris v. Hardeman
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This is the second suit brought by the appellants for the land in controversy. Their first suit was brought to this court by appeal, and is reported in 15 Texas R., p. 466, where a statement of the facts may be found.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This is the second suit brought by the appellants for the land in controversy. Their first suit was brought to this court by appeal, and is reported in 15 Texas R., p. 466, where a statement of the facts may be found. Upon the trial of this suit, at the Fall Tema, 1859, the court charged: “ If the jury believe that Gillan sold the land in question in his lifetime, the plaintiffs, claiming as the heirs of Gillan, cannot recover, and you should find for the defendants.” The plaintiffs, as heirs of Michael Gillan, attempted to…
1Opinion of the CourtBell, J.
This case was before this court on a former appeal. It will be found reported in the 15th Tex. Rep., page 466.
We are not able to perceive that the questions now presented differ in any material respect from those presented upon the former appeal. The plaintiffs below are the appellants in this court, and their main reliance seems to be upon the statute of limitations; The grant from the government to Michael Gillan, under or from whom the plaintiffs claim, must have been produced in evidence on the first trial in the court below. If so, the question of limitation is presented precisely as it…
2Cited by13 opinions
- Blum v. RogersTexas Supreme Court · 1888
- Mathonican v. Scott & BaldwinTexas Supreme Court · 1894
- Bailey & Walker v. LawsCourt of Appeals of Texas · 1893
- Daugherty v. YatesCourt of Appeals of Texas · 1896
- Snowden v. RushTexas Supreme Court · 1888
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