Kilpatrick v. Sisneros
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. Fielding Jones. This was an action of trespass to try title, brought by the appellees, Rosalia Sisneros, widow of Juan Hepomicino Agaton Sisneros, Estavan Sisneros, son of said Juan, Eulalia Garza, and her husband Thomas Garza, Maria Guadaloupe Solis, and her husband Louis Solis, (the said Maria and Eulalia being the daughters of the said Juan,) against the appellants, Eleazer Kilpatrick, William O. Blair and Samuel A. White,…
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Appeal from Victoria. Tried below before the Hon. Fielding Jones. This was an action of trespass to try title, brought by the appellees, Rosalia Sisneros, widow of Juan Hepomicino Agaton Sisneros, Estavan Sisneros, son of said Juan, Eulalia Garza, and her husband Thomas Garza, Maria Guadaloupe Solis, and her husband Louis Solis, (the said Maria and Eulalia being the daughters of the said Juan,) against the appellants, Eleazer Kilpatrick, William O. Blair and Samuel A. White, for the recovery of a certain league of land, granted to the aforesaid Juan Agaton Sisneros, by the commissioner of He…
1Opinion of the CourtWheeler, C. J.
The special defences pleaded and relied on are: 1st, That the plaintiffs are aliens, and incapable of maintaining this action; and that they forfeited their title by leaving the republic and settling in Tamaulipas, in 1836 and 1837, and the land became vacant. 2d, That Martin De Leon had no *125authority to colonize within the coast leagues, and the grant being for land within the coast border, was void. 3d, The statute of limitations of three, five, and ten years.'
First, as respects the plea of alienage and abandonment of the country. The plaintiffs were residing in Texas at the date of the…
2Cases cited12 opinions
- United States v. PerchemanSupreme Court of the United States · 1833
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- McIlvaine v. Coxe's LesseeSupreme Court of the United States · 1808
- Hardy v. De LeonTexas Supreme Court · 1849
- White v. BurnleySupreme Court of the United States · 1858
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3Cited by38 opinions
- Miller v. LetzerichTexas Supreme Court · 1932
- Schleicher, Admr. v. GatlinTexas Supreme Court · 1892
- Winston v. MastersonTexas Supreme Court · 1894
- Cantagrel v. Von LupinTexas Supreme Court · 1883
- Flanagan v. BoggessTexas Supreme Court · 1876
33 more not listed; retrieve them via the Exa API.