Edwards v. Davis
Texas Supreme Court
Appeal from San Augustine County. This action was commenced for the recovery of lands lying in the county of San Augustine. The petition states, in substance, that one Francisco Guerrero, in March, 1827, applied to the political chief of the department of Texas, praying to have-the boundary lines run, and a complete title made to him of a farm called the Attoyaque, which he had then in possession as his own property, having improved and cultivated the same.
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Appeal from San Augustine County. This action was commenced for the recovery of lands lying in the county of San Augustine. The petition states, in substance, that one Francisco Guerrero, in March, 1827, applied to the political chief of the department of Texas, praying to have-the boundary lines run, and a complete title made to him of a farm called the Attoyaque, which he had then in possession as his own property, having improved and cultivated the same. That,, in conformity with the prayer of the said petition, and in compliance with official instructions from the governor of the state of…
1Opinion of the CourtChief Justice Hempiiill
Justice Wheeler not sitting,
having been of counsel in the court below.
The admissibility of the demurrer in this cause, at the late stage of the pleadings, was not discussed before this court, and the only point raised in the argument was, whether there was error in sustaining the demurrer, and the consequent dismissal of the petition.
*324The first ground assumed in support of the judgment was, that in the deed of conveyance from Guerrero there were reserved certain portions of the land contained in his grant; and,' there being no distinct averment that the ejectment was from that portion of the…
2Cited by7 opinions
- State of Texas v. BalliTexas Supreme Court · 1944
- Smith v. PowerTexas Supreme Court · 1859
- Harris v. O'ConnorCourt of Appeals of Texas · 1944
- Giles v. BasoreTexas Supreme Court · 1955
- Dwyer Bros. v. Administrators of the Tulane Educational FundSupreme Court of Louisiana · 1895
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