Legal Opinion

Magee v. Chadoin's Ex'r

Texas Supreme Court

Decided July 1, 1876PublishedCited by 18 opinions

Appeal from Fayette. Tried below before the Hon. I. B. McFarland. This case has been before this court twice. (20 Tex., 476, and 30 Tex., 644.) In 1850 Chadoin commenced an action of forcible entry and detainer against Richard A. Magee, husband of Nicinda.

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Appeal from Fayette. Tried below before the Hon. I. B. McFarland. This case has been before this court twice. (20 Tex., 476, and 30 Tex., 644.) In 1850 Chadoin commenced an action of forcible entry and detainer against Richard A. Magee, husband of Nicinda. November 1, 1850 Nicinda, joined by her husband, brought suit in the District Court of Lavacca county to enjoin the action of forcible entry and detainer, setting out her title to six hundred and forty acres of land, and denying that she had possession of any other part of the league claimed by Chadoin. Her prayer in the original petition…

1Opinion of the Court

Moore, Associate Justice.

The controversy between the parties to this suit had its origin almost coeval with the government of the Bepublic of Texas. The defendant indeed maintains that his title to the land is based upon equities of an earlier date, recognized and secured to him by the Constitution of the Bepublic. The conflicting claims of these parties and those from whom they are derived have been the subject of constant litigation from the time of its origin, with the exception of occasional intervals of temporary suspensions to the present time. The first suit, to which the present…

2Cases cited4 opinions

  1. Luckett v. TownsendTexas Supreme Court · 1848
  2. Chadoin v. MageeTexas Supreme Court · 1857
  3. Fisk v. MillerTexas Supreme Court · 1857
  4. Lewis v. City of San AntonioTexas Supreme Court · 1862

3Cited by18 opinions

  1. Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
  2. State v. SnyderTexas Supreme Court · 1886
  3. McCampbell v. DurstCourt of Appeals of Texas · 1897
  4. San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
  5. Bennett v. Rose Mfg. Co.Court of Appeals of Texas · 1920

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