Soye v. McCallister
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Action of trespass to try title, commenced October 14th, 1853, by Rowland Soye, Elizabeth Soye, and Ellen Soye, a minor, against John M. McCallister, John S. McClellan, John James, Andrew Spira, James Newton, James R. Sweet, Claiborne Rector and Edward Gallagher.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Action of trespass to try title, commenced October 14th, 1853, by Rowland Soye, Elizabeth Soye, and Ellen Soye, a minor, against John M. McCallister, John S. McClellan, John James, Andrew Spira, James Newton, James R. Sweet, Claiborne Rector and Edward Gallagher. The defendants claimed different parts of the league and labor of land sued for, under a sale by the administrator of John Soye, the ancestor of the plaintiffs ; and the plaintiffs prayed a recovery of the land and a cancellation of the administrator’s deed, which they…
1Opinion of the CourtWheeler, J.
The plaintiffs, to maintain their action, rely on the conveyance, from the original grantee of the government, Delgado, to themselves, of the 6th of October, 1888. They insist that the deed vested in them the title, exclusive of the rights of creditors of their ancestor ; that the land conveyed constituted no part of his estate, and consequently was not subject to sale by his administrator. And to support this view, they rely upon the evidence afforded by the face of the deed itself: the fact that it conveys the land to the plaintiffs by name, for a consideration therein expressed.
But it is…
2Cited by18 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Giddings v. SteeleTexas Supreme Court · 1866
- Rogers v. RewardTexas Supreme Court · 1880
- Moody v. ButlerTexas Supreme Court · 1885
- Carter v. ConnerTexas Supreme Court · 1883
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