Moya v. O'BRIEN

SMITH, Justice.

Lucio Moya, et al., appellants, sued John J. O’Brien, et al., appellees, to recover possession of one and one-quarter leagues of land, and for an accounting and damages. The trial court granted summary judgment that appellants take nothing.

Appellants allege that they are the heirs of Augustin and Juan Moya, who acquired title to the land in question by a Mexican government land grant made on December 3, 1834. They state that said ancestors were continually in possession of said property until 1874 when they were “under cover of law” murdered and that their wives and children…