Thouvenin v. Rodrigues
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J, Devine. This was an action of trespass to try title, brought by Mariano Rodrigues, in his own right, and as guardian of Manuel Yturio Castillo and Yincenta Iturio Castillo, minor heirs of Maria Josefa Rodrigues, and Carlos Sandoval and Fernando Sandoval, against A. Thouvenin, William H. Dangerfield, and John Laplace, for five and one-half leagues of land, which formerly belonged to Jose Maria Rodrigues, the son of…
Read the full summary
Appeal from Bexar. Tried below before the Hon. Thomas J, Devine. This was an action of trespass to try title, brought by Mariano Rodrigues, in his own right, and as guardian of Manuel Yturio Castillo and Yincenta Iturio Castillo, minor heirs of Maria Josefa Rodrigues, and Carlos Sandoval and Fernando Sandoval, against A. Thouvenin, William H. Dangerfield, and John Laplace, for five and one-half leagues of land, which formerly belonged to Jose Maria Rodrigues, the son of Mariano Rodrigues, and the uncle of the other plaintiffs, who, they alleged, died intestate in the year 1850; and that they…
1Opinion of the CourtHemphill, C. J.
In this case our conclusions are, 1st. That Mariano Rodrigues, the defendant, in the suit against him by John Cortes, had such notice of the suit, as in contemplation of law gave the court jurisdiction over his person; and that the *474judgment in that case is not a nullity, for the supposed want of notice to the defendant.
J. A. Q-eorge W. Paschal, for the appellees, made application for a rehearing.
2d. We incline to the opinion, that the alleged donation from Jose Maria Rodrigues to his father, Mariano Rodrigues, was complete; but as the subject has not been thoroughly examined, and as the…
2Cases cited5 opinions
- Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
- Mills v. AlexanderTexas Supreme Court · 1858
- Sutherland v. DeLeonTexas Supreme Court · 1846
- McMullen v. GuestTexas Supreme Court · 1851
- Bowers v. ChaneyTexas Supreme Court · 1858
3Cited by30 opinions
- Sgitcovich v. SgitcovichTexas Supreme Court · 1951
- Milam County v. RobertsonTexas Supreme Court · 1877
- Employers' Liability Assur. Corp. v. Young County Lumber Co.Texas Commission of Appeals · 1933
- Coppedge v. Colonial Savings & Loan Ass'n, Texas Court of Appeals, 5th District (Dallas)1986
- Duggan v. Marshall, Texas Court of Appeals, 1st District (Houston)1999
25 more not listed; retrieve them via the Exa API.