Teal v. Sevier
Texas Supreme Court
Appeal from Goliad. Tried below before the Hon. M. P. Norton. This was an action of trespass to try title, instituted originally, in Victoria county by the appellees against the appellant, for the recovery of a league of land.
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Appeal from Goliad. Tried below before the Hon. M. P. Norton. This was an action of trespass to try title, instituted originally, in Victoria county by the appellees against the appellant, for the recovery of a league of land. The land in controversy was granted by the government of Coahuila and Texas to John B. Sideclc, by two different grants, one made in 1830 and the other in 1834. The plaintiffs claimed the whole of the league in virtue of the sole heirship of Louisa, the wife of E. G. Sevier, in whose joint names the suit was brought. The fact that she was the only child of Sideck was…
1Opinion of the CourtBell, J.
We are of opinion that the court below did not err - *520in sustaining the exception of the plaintiffs to the fourth plea of the defendant. The plea in question did not aver that any marriage ever existed between John B. Sideck and Mary Dill, but only alleged that they cohabited, and that after separation, the said Mary Dill cohabited with several other persons. These facts have no legal significance, and could not in any way affect the rights of the parties to this suit. •
It is true that it appears from the evidence that John B. Sideck and Mary Dill were lawfully married, but the court ruled…
2Cited by5 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Eckford v. KnoxTexas Supreme Court · 1886
- Slawik v. StateSupreme Court of Delaware · 1984
- Teal v. TerrellTexas Supreme Court · 1878
- Sevier v. TealTexas Supreme Court · 1870