Monroe v. Searcy
Texas Supreme Court
Appeal from Lavaca. Tried below before the Hon. Fielding Jones. William and Isabella Ponton, husband and wife, came to Texas, and as colonists obtained a headright league of land in the year 1832, from Empressario Stephen F. Austin. In the year 1834, the said William Ponton was killed in Texas, by the Indians, and left a widow, Isabella aforesaid, and four children, to wit: Andrew Ponton, Joel Ponton, Sarah Ann Ponton, and Mary Jane Ponton.
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Appeal from Lavaca. Tried below before the Hon. Fielding Jones. William and Isabella Ponton, husband and wife, came to Texas, and as colonists obtained a headright league of land in the year 1832, from Empressario Stephen F. Austin. In the year 1834, the said William Ponton was killed in Texas, by the Indians, and left a widow, Isabella aforesaid, and four children, to wit: Andrew Ponton, Joel Ponton, Sarah Ann Ponton, and Mary Jane Ponton. One of those children, to wit: Mary Jane Ponton, sometime previous to the year 1831, married one James B. Patrick, by whom she had two children, a son and…
1Opinion of the Court
Hemphill, Ch. J.
The great question in this cause is whether Mrs. Patrick, the mother of Sarah Jane Munroe and John N. Patrick, the plaintiffs, and through whom they claim, conveyed away, in her lifetime, her interest or share in the land in controversy.
That she did make such sale verbally, is proven by one witness ; but it is urged by the appellants, that by the Spanish law in force at the time, viz: in 1834 or 1835, the fact of such sale should be proven by at least two credible witnesses; citing 1 White’s Recop. p. 280. There is no doubt that in Spanish jurisprudence, when a fact is to be…
2Cited by2 opinions
- Carlisle v. GibbsCourt of Appeals of Texas · 1906
- Sullivan v. DimmittTexas Supreme Court · 1871