McGehee v. Dwyer
Texas Supreme Court
Appeal from Guadalupe. Tried below before tbe Hon. Tbomas J. Devine. This was a suit instituted by Edward Dwyer, now deceased, and prosecuted after bis death by tbe appellee, executrix of bis will. Tbe suit was brought against tbe appellant, in Hays county, and removed to Guadalupe county, on account of tbe disqualification of tbe district judge, presiding in Hays county.
Read the full summary
Appeal from Guadalupe. Tried below before tbe Hon. Tbomas J. Devine. This was a suit instituted by Edward Dwyer, now deceased, and prosecuted after bis death by tbe appellee, executrix of bis will. Tbe suit was brought against tbe appellant, in Hays county, and removed to Guadalupe county, on account of tbe disqualification of tbe district judge, presiding in Hays county. It was an action of trespass to try title, for two thousand and fifteen acres of land, which the plaintiff claimed under a concession of eleven leagues, granted to Juan Martin de Yeramendi, by tbe government of Coabuila and…
1Opinion of the Court
Wheeler, Ch. J.
There does not appear to he the slightest foundation in the evidence, documentary or oral, for the supposition that the plaintiff’s title was fraudulent, or a forgery. On the contrary, it hears upon it every mark of genuineness, and is supported by full and satisfactory evidence of its fairness, in every particular. The existence, genuineness, and loss of the original concession, is proved by ample evidence to that point. It is shown to have existed, and to have had public notoriety, by documentary evidence which is indisputable, as well as by the testimony of witnesses. (Lewis…
2Cases cited2 opinions
- Lewis v. San AntonioTexas Supreme Court · 1851
- Norton v. MitchellTexas Supreme Court · 1854
3Cited by3 opinions
- Houston v. BlytheTexas Supreme Court · 1883
- Harris v. O'ConnorCourt of Appeals of Texas · 1944
- Sheppard v. HarrisonTexas Supreme Court · 1880