Hays v. Barrera
Texas Supreme Court
Appeal from Besar. Tried below before the Hon. Thomas J. Devine, This action was brought by Barrera an'd wife as administrators Of Jose Maria Salmas, deceased, against John 0. Hays and Samuel Calvert, for the recovery of two leagues and two labors of land in Bexar county, which, as the plaintiffs allege, were originally granted to their said intestate, but to which, they charge, the defendants pretend title under execution sale made under a pretended judgment obtained by one…
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Appeal from Besar. Tried below before the Hon. Thomas J. Devine, This action was brought by Barrera an'd wife as administrators Of Jose Maria Salmas, deceased, against John 0. Hays and Samuel Calvert, for the recovery of two leagues and two labors of land in Bexar county, which, as the plaintiffs allege, were originally granted to their said intestate, but to which, they charge, the defendants pretend title under execution sale made under a pretended judgment obtained by one J. M. Vann against their intestate in the year 1889, which judgment they aver to be fraudulent and void. The defendants…
1Opinion of the CourtRoberts, J.
The alleged errors in the charge- upon the plea in abatement are immaterial, because the plea was itself entirely defective. The petition showed- that the land sued for was granted *81to Salinas by the government, and the administrators of his estate Were bringing this suit for its recovery. It was therefore immarterial whether his heirs, for whose benefit the suit may have been brought, were aliens, resident in Mexico, or not. (White v. Sabariego, 23 Tex. R., 243.)
The plea in abatement states what might be a good plea if it did not appear in the petition that the land sued for was granted to…
2Cited by4 opinions
- Snowden v. RushTexas Supreme Court · 1888
- Battle, Heck & Co. v. CarterTexas Supreme Court · 1876
- Parker v. BainsTexas Supreme Court · 1883
- Murphy v. WallaceCourt of Appeals of Texas · 1888