Legal Opinion

White v. Burnley

Supreme Court of the United States

Decided February 22, 1858PublishedCited by 25 opinions

This case was brought up, by writ of error, from the District Court of tbe United States for the district of Texas. It was an action of trespass, to try title brought by Burnley against the plaintiffs in error, in the District Court of the United States for the district of Texas, to recover a league of land, situated in Calhoun county, of that State.

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This case was brought up, by writ of error, from the District Court of tbe United States for the district of Texas. It was an action of trespass, to try title brought by Burnley against the plaintiffs in error, in the District Court of the United States for the district of Texas, to recover a league of land, situated in Calhoun county, of that State. Upon the trial, Burnley traced his title in this manner: ■ 1. A document purporting to be the original testimonio, in Spanish, of a colonial grant in the colony of Martin De Leon, made by Fernando De Leon, commissioner, to one Benito Morales. The…

1Opinion of the CourtJustice Catron

delivered the opinion of the court..This suit was brought and tried in the District Court of Texas, to recover a league of land lying in that State, fronting in part on Mátagorda bay, east of the mouth of the Guadalupe river, and purporting to be in Martin De Leon’s colony or empresa.

1. The first objection made on the trial, was to the introduction of the grant offered in evidence, on tlie ground that the land did not lie in the colony, and therefore the officers of the same wanted jurisdiction, and had no power to grant to Benito Morales, under whom Burnley claims. If the premises were true,…

2Cases cited3 opinions

  1. United States v. HughesSupreme Court of the United States · 1851
  2. Chirac v. ReineckerSupreme Court of the United States · 1829
  3. United States v. Brig Union, &C.Supreme Court of the United States · 1808

3Cited by25 opinions

  1. Johnson v. EisentragerSupreme Court of the United States · 1950
  2. Orville E. Stifel, II v. William F. Hopkins, Esq.Court of Appeals for the Sixth Circuit · 1973
  3. Arnold W. Hilgeford and Martha A. Hilgeford v. The Peoples Bank, Portland, IndianaCourt of Appeals for the Seventh Circuit · 1985
  4. Kilpatrick v. SisnerosTexas Supreme Court · 1859
  5. John D. Mays and Laura F. Mays, His Wife v. Claude R. Kirk, Jr., as GovernorCourt of Appeals for the Fifth Circuit · 1969

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