French v. McGinnis
Texas Supreme Court
Appeal from McMullen. Tried below before the Hon. D. P. Marr. This suit was brought by the heirs of Joseph McGinnis to recover one-third of a league of land. There was no evidence direct of the death of Joseph McGinnis. He was heard from by letter in 1848, and indirectly in 1851, when he wrote to his brother from California.
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Appeal from McMullen. Tried below before the Hon. D. P. Marr. This suit was brought by the heirs of Joseph McGinnis to recover one-third of a league of land. There was no evidence direct of the death of Joseph McGinnis. He was heard from by letter in 1848, and indirectly in 1851, when he wrote to his brother from California. There was no evidence that he ever established a home anywhere after he left Ohio in 1834. The defendants offered in evidence a deed from the sheriff of Nueces' ¡county to the land, dated in 1851, as an ancient instrument. [The deed failed to declare by virtue of what…
1Opinion of the Court
Collard, Judge.
There can be no question, under the evidence, that the defendants and those in privity with them, have had adverse possession under deeds duly recorded continuously for five years next preceding the filing of the suit claiming McGinnis land, and using it as their own. The only question that can be made is, was such possession a possession of She McGinnis one thousand four hundred and seventy-six acres?
The only evidence upon this subject was that of Wells and ■Steele. Steele says he was on the land as a “squatter,” and while so occupying it he leased it from Fenno D. Bell, April…
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