Lee v. Salinas

Hemphill, Ch. J.

This was a suit for the recovery of e house and lot in San Antonio. The judgment was for the plaintiff. The defendant assigned several grounds for reversal, but insisted only on two in the argument, viz:

1st. The alienage of the plaintiff deceased.

2nd. An outstanding title in a third person.

As to the first, there was proof that the plaintiff, Mrs. Salinas, who owned the property in her separate right, removed with her husband from San Antonio to Mexico in 1836, and *496has resided in that Republic ever since.—But the fact of alien-age was neither pleaded nor was it made a question…