Mills v. Alexander
Texas Supreme Court
Error from Austin. Tried below before Hon. J. H. Bell. Trespass to try title by the plaintiffs, commenced 10th May, 1854, for the league of land granted to Willis Stanly, in 1831, as his headright. The plaintiff Elizabeth claims as the surviving widow of Willis Stanly, deceased, and the others as his heirs.
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Error from Austin. Tried below before Hon. J. H. Bell. Trespass to try title by the plaintiffs, commenced 10th May, 1854, for the league of land granted to Willis Stanly, in 1831, as his headright. The plaintiff Elizabeth claims as the surviving widow of Willis Stanly, deceased, and the others as his heirs. The defendants demurred, pleaded not guilty, limitation, and that Willis Stanly died an alien, and that the plaintiffs were also aliens at the time of the death of their ancestor. The land in controversy was granted to Willis Stanly in 1831; between that time and 1833, when he died, he…
1Opinion of the CourtWheelee, J.
A material question to be determined arises upon the charge of the Court as respects the abandonment of the country by Stanly, the grantee of the land in controversy. To constitute an abandonment of the country under the laws of colonization applicable to this case, a change of the national domicil of the party was essential. And to effect such change there must have been the concurrence of the act and the will. Judge Story in his Conflict of Laws, (Sec. 48,) says : “ A national character acquired in a foreign country by residence changes when the party has left the country animo non…
2Cases cited1 opinion
- Ennis v. SmithSupreme Court of the United States · 1853
3Cited by28 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Weems, Receiver v. MastersonTexas Supreme Court · 1891
- Milam County v. RobertsonTexas Supreme Court · 1877
- Thouvenin v. RodriguesTexas Supreme Court · 1859
- St. Louis, Arkansas & Texas Railway Co. v. Whitaker & BonnerTexas Supreme Court · 1887
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