Allen v. Hoxey's Administrator
Texas Supreme Court
Error from Bexar. Tried below before the Hon. Thomas H. Stribling. The opinion and the head-notes indicate the character of the suit and the most material of the facts. Locklin was the tenant of Mrs. Matilda Allen, his co-defendant. He disclaimed any interest, and the defense was made by her. T. J. Allen, to whom reference is made in the opinion, was the last husband of Mrs. Allen.
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Error from Bexar. Tried below before the Hon. Thomas H. Stribling. The opinion and the head-notes indicate the character of the suit and the most material of the facts. Locklin was the tenant of Mrs. Matilda Allen, his co-defendant. He disclaimed any interest, and the defense was made by her. T. J. Allen, to whom reference is made in the opinion, was the last husband of Mrs. Allen. The Zarza grant, under which Hoxey, the plaintiff, claimed, was made October 17th, 1833. The Samuel T. Allen grant of one league, claimed by the defendant, was made in July, 1835. It appears that John Barton first…
1Opinion of the Court
Thomas J.
Allen got possession of the S. T'. Allen league by purchasing Barton’s improvements and right of possession, .and it is proved equally clear that Barton held under Hoxey, who owned the superior title to the land, as above shown.
It will be found that a large portion of the S. T. Allen league *323laps over on the corner and east side of the six leagues granted to Zarza and claimed by plaintiff, and we insist that John Barton held the land under Hoxey as his agent and tenant. If Hoxey had sued him he would not have been permitted to deny the title of his landlord. T. J. Allen having…
2Cases cited6 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Cunningham v. FrandtzenTexas Supreme Court · 1861
- Ledyard v. BrownTexas Supreme Court · 1864
- Jackson ex dem. Colton v. HarperNew York Supreme Court · 1830
- Clay's Heirs v. HolbertTexas Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- St. Louis, Arkansas & Texas Railway Co. v. Whitaker & BonnerTexas Supreme Court · 1887
- Wade v. LoveTexas Supreme Court · 1888
- Lenamond v. North Shore Supply Co.Court of Appeals of Texas · 1984
- Kirby Lumber Co. v. LongCourt of Appeals of Texas · 1916