Clay v. Heirs of Clay
Texas Supreme Court
Appeal from Washington county. STATEMENT OR THR CAS®. This is an action of trespass to try title, flied by appellees as heirs of Hester Clay, to recover of appellant a quarter of a league of land in Washington county, known as the Hickory Point, place.
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Appeal from Washington county. STATEMENT OR THR CAS®. This is an action of trespass to try title, flied by appellees as heirs of Hester Clay, to recover of appellant a quarter of a league of land in Washington county, known as the Hickory Point, place. The case has already been twice before the Supreme Court, and its previous history will so far as reported be found in the 26 Tex.,pp. 24 -31, and the 35 Tex., pp. 509-34. After the reversal of the judgment on the first appeal, the deiendant amended his pleadings, and alleged that at the date of his purchase of the land, he was a citizen of…
1Opinion of the CourtDelaney, J.
Opinion by Three distinct propositions were asserted by appellees in the court below, and appear to have been maintained by the judgment which is before us for review . .
1. That the sale by Eestor Clay to Tacitus, in 1830, was prohibited by the laws then in force. It was therefore a nullity; it passed no title to the vendee, and is no' bar to a recovery by the heirs of the vendor.
2. That the sale was made upon conditions precedent, and in the absence of affirmative proof by the defendant that he had performed those conditions, he could not hold the land against the claims of plaintiffs.
3.…
2Cases cited7 opinions
- Reeves v. GoodnerTexas Supreme Court · 1875
- Box v. LawrenceTexas Supreme Court · 1855
- Heirs of Hunt v. Heirs of RobinsonTexas Supreme Court · 1846
- Hunt v. TurnerTexas Supreme Court · 1853
- Soye v. McCallisterTexas Supreme Court · 1856
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