Lambert v. Weir
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. Fielding Jones. Trespass to try title, brought by the appellee, James Weir, in. the District Court of Refugio county, to recover from Walter Lambert and fourteen other defendants one-third of a league oland. The petition was filed on the 30th day of May, 1856. The presiding judge, being disqualified to sit in the case, the venue was changed by agreement to Victoria county.
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Appeal from Victoria. Tried below before the Hon. Fielding Jones. Trespass to try title, brought by the appellee, James Weir, in. the District Court of Refugio county, to recover from Walter Lambert and fourteen other defendants one-third of a league oland. The petition was filed on the 30th day of May, 1856. The presiding judge, being disqualified to sit in the case, the venue was changed by agreement to Victoria county. The defendants pleaded a general denial, and the limitations of three, five and ten years. Their plea of five years limitation (based apparently on art. 2375 of Hart. Dig.,)…
1Opinion of the CourtMoore, J.
The ground upon which the evidence offered by the appellants, who were the defendants in the court below, was excluded, is not very apparent, and no sufficient reason has been presented to us to sustain the ruling. It is stated by the appellants, that the testimony was excluded by the judge who presided upon the trial of the cause in the District Court upon the hypothesis that the plaintiff s right to the land in controversy not having matured into a patent, he was not invested by law with a “ right of entry,” and could not, consequently, be barred of his right of action for its recovery by a…
2Cases cited7 opinions
- Wofford v. McKinnaTexas Supreme Court · 1859
- Charle v. SaffoldTexas Supreme Court · 1854
- Smith v. PowerTexas Supreme Court · 1859
- Moody v. FlemingSupreme Court of Georgia · 1848
- Titus v. KimbroTexas Supreme Court · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hawley v. BullockTexas Supreme Court · 1867
- Hutchins v. BaconTexas Supreme Court · 1877
- Beaumont Pasture Co. v. Preston & SmithTexas Supreme Court · 1886
- McCarty v. JohnsonCourt of Appeals of Texas · 1899
- Ortiz v. de BenavidesTexas Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.