McCarthy v. Gomez
Texas Supreme Court
May 25, 1889, appellants brought this suit against appellees, Jose Gomez, T. Hobart, and E. A. Giraud, to recover the lands described in the petition. The defendants answered by plea of not guilty, and general and special demurrers. The court sustained the general and special demurrers, and the appellants declining to amend, judgment was rendered dismissing the suit.
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May 25, 1889, appellants brought this suit against appellees, Jose Gomez, T. Hobart, and E. A. Giraud, to recover the lands described in the petition. The defendants answered by plea of not guilty, and general and special demurrers. The court sustained the general and special demurrers, and the appellants declining to amend, judgment was rendered dismissing the suit. The petition, in substance, states, that about the 15th of November, 1887, their son, W. E. McCarthy, was the owner and in the possession of what was then known as lot 12, block 46, town of Canadian, Hemp-hill County, and…
1Opinion of the Court
FISHER, Judge,
Section B.—Appellees contend that the court below properly sustained the demurrers to the petition, for the following reasons:
1. Because it appears that appellants did not file on the lands until three months after Gomez filed on the same, and that at this time the land had been surveyed for Gomez, under his application as a pre-emptor, which application and survey was filed and recorded in the records of the surveyor’s office of Hemphill County; therefore the land was titled and equitably owned by Gomez under color of title from the State, evidence-of the appropriation of which…
2Cases cited4 opinions
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3Cited by2 opinions
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