Legal Opinion

Ames v. Hubby

Texas Supreme Court

Decided July 1, 1878PublishedCited by 11 opinions

Appeal from McLennan. Tried below before the Hon. X. B. Saunders. The case was submitted under rule 47, upon an agreed statement, as follows: 1. Plaintiff and S. C. Page were lawfully married February 14, 1829. 2. Joseph Page, the only issue of said marriage, was bom December 29, 1830. 3. A San Jacinto donation certificate for 640 acres of land was issued to said S. C. Page and his heirs December 15,1838, and was located on the land in controversy in 1847. 4. Plaintiff and…

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Appeal from McLennan. Tried below before the Hon. X. B. Saunders. The case was submitted under rule 47, upon an agreed statement, as follows: 1. Plaintiff and S. C. Page were lawfully married February 14, 1829. 2. Joseph Page, the only issue of said marriage, was bom December 29, 1830. 3. A San Jacinto donation certificate for 640 acres of land was issued to said S. C. Page and his heirs December 15,1838, and was located on the land in controversy in 1847. 4. Plaintiff and S. C. Page were divorced, by decree of the District Court of Harris county, May, 1840. 5. Plaintiff raised and educated…

1Opinion of the Court

Moore, Associate Justice.

The first proposition urged by appellant for the reversal of this judgment is, that the certificate and patent for the land in controversy, which were issued to S. C. Page under the act of December 27, 1837, “granting lands to those who were in the battle of San Jacinto and other battles,” gave to said Page merely a life estate, with a vested remainder in fee to his heir.

*709We, however, are unable, after a critical examination of the statute, to find, any thing, either in the evident object and purpose of its enactment or the language in which it is couched, to warrant…

2Cases cited3 opinions

  1. Lewis v. AmesTexas Supreme Court · 1875
  2. Fisk v. FloresTexas Supreme Court · 1875
  3. Goldsmith v. HerndonTexas Supreme Court · 1871

3Cited by11 opinions

  1. Nixon v. Wichita Land and Cattle Co.Texas Supreme Court · 1892
  2. State v. Heirs of Charles ZancoCourt of Appeals of Texas · 1898
  3. Kircher v. MurrayU.S. Circuit Court for the District of Western Texas · 1893
  4. Todd v. MastersonTexas Supreme Court · 1884
  5. Overby v. JohnstonCourt of Appeals of Texas · 1906

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