Musquis v. Blake
Texas Supreme Court
Appeal from Goliad. Tried below before the Hon. James Webb. This was a suit brought by Ramon Musquis, alleging himself to be a citizen of the county of Bexar, and state of Texas, against Martha M. Blake, and Edwin H. Blake, her husband, Eliza V. Underhill, and Daniel M. Underhill, her husband, and Ellen Goodwin, to remove a cloud from his title to four leagues of land, created by their claim to it; and to quiet him in his possession thereof.
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Appeal from Goliad. Tried below before the Hon. James Webb. This was a suit brought by Ramon Musquis, alleging himself to be a citizen of the county of Bexar, and state of Texas, against Martha M. Blake, and Edwin H. Blake, her husband, Eliza V. Underhill, and Daniel M. Underhill, her husband, and Ellen Goodwin, to remove a cloud from his title to four leagues of land, created by their claim to it; and to quiet him in his possession thereof. The petitioner alleged, that he owned, and had had possession of the land, for more than twenty years, under good and valid grants, emanating from the…
1Opinion of the CourtWheeler, C. J.
We are of opinion, that the court erred in overruling the plaintiff’s exceptions to the defendants’ amended answer. The question here presented, was examined and decided in the case of Kilpatrick v. Sisneros, (23 Texas Rep. 113,) at our last session at Galveston, adversely to the grounds taken by the appellee in this case. A re-examination of the subject here, is therefore unnecessary. The revolution did not divest or impair the plaintiff’s right of property in the land, which had been granted to him; nor did his removal to Mexico incapacitate him to maintain this action for its recovery.
The…
2Cases cited3 opinions
- Kilpatrick v. SisnerosTexas Supreme Court · 1859
- Guilbeau v. MaysTexas Supreme Court · 1855
- Byrne v. FaganTexas Supreme Court · 1856
3Cited by6 opinions
- Miller v. LetzerichTexas Supreme Court · 1932
- Airhart v. MassieuSupreme Court of the United States · 1879
- Atchley v. Superior Oil CompanyCourt of Appeals of Texas · 1972
- King v. ElsonTexas Supreme Court · 1867
- State v. Superior Oil CompanyCourt of Appeals of Texas · 1975
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