Sheppard v. Harrison
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. L. 0. Alexander. Suit by appellant in trespass to try try title. The defendant pleaded, 1. Hot guilty. 2. The presumption of a grant in his favor. 3. That the title and possession of defendant were protected by the constitution of 1876, art. 14, sec. 2. The plaintiff relied for title on proving himself the owner of a valid land certificate, and the location of the same in March 26, 1878, on land covered by the Martinez survey.
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Appeal from Falls. Tried below before the Hon. L. 0. Alexander. Suit by appellant in trespass to try try title. The defendant pleaded, 1. Hot guilty. 2. The presumption of a grant in his favor. 3. That the title and possession of defendant were protected by the constitution of 1876, art. 14, sec. 2. The plaintiff relied for title on proving himself the owner of a valid land certificate, and the location of the same in March 26, 1878, on land covered by the Martinez survey. The defendant offered in evidence, 1. The petition of Marcelino Martinez for a concession of three leagues of land. 2. A…
1Opinion of the Court
Moore, Chief Justice.
This is an action of trespass to try title brought by appellant, Wm. Sheppard, against appellee, Thomas Harrison, for six hundred and forty acres of land, which he claims by virtue of the location of a valid land certificate and survey thereof on the 26th day of March, 1878.
On the trial of the case, appellee Harrison gave in evidence in support of his claim of title, a certified translated copy of a grant or instrument made by Luke Lessassier, alcalde' of the municipality of San Felipe ■ de Austin, on the 18th day of October, 1833, in conformity with a concession in sale…
2Cases cited4 opinions
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- Clay's Heirs v. HolbertTexas Supreme Court · 1855
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- McGehee v. DwyerTexas Supreme Court · 1858
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