Paul v. Perez
Texas Supreme Court
Appeal from Bexar. This suit was brought by tho appellant, to recover a certain tract of land in the appellant’s petition, set out and described in the field-notes of the survey on which tho patent under which lie claimed the land was issued. The parties waived a jury and submitted the case to the judge, and judgment was given for the defendant.
Read the full summary
Appeal from Bexar. This suit was brought by tho appellant, to recover a certain tract of land in the appellant’s petition, set out and described in the field-notes of the survey on which tho patent under which lie claimed the land was issued. The parties waived a jury and submitted the case to the judge, and judgment was given for the defendant. The location and survey were made in tlie summer of 1S3S, aud patented on the 3d day of July, A. D. 1847, ■for half a league of land. It was admitted that the defendant, Perez, held possession of tlie land in controversy, from about (he year 1800…
1Opinion of the CourtLipscomb, J.
We propose, first, to inquire whether the title of Perez to the land has been made out; and, secondly, whether such right has been so forfeited as to reannex the land granted to the rest of the public domain, and make it subject to be located on by the certificate on which the plaintiff’s right accrued.
Tlie first point rests more on the facts than on any fixed rules of law. It rests on a presumption arising from long use and occupation of the land, coupled with the claim of ownership. The facts admitted by the record prove that the defendant had possession of the land in controversy, by…
2Cited by22 opinions
- Rutherford v. CarrTexas Supreme Court · 1905
- Kilpatrick v. SisnerosTexas Supreme Court · 1859
- Smith v. PowerTexas Supreme Court · 1859
- Wood v. WelderTexas Supreme Court · 1874
- Edrington v. NewlandTexas Supreme Court · 1882
17 more not listed; retrieve them via the Exa API.