Martin v. Parker
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. R. E. B. Baylor. This was an action of trespass to try title, instituted by Martin against the several defendants, on the 21st of April, 1854, for the recovery of one league of land in Bell county.
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Appeal from Bell. Tried below before the Hon. R. E. B. Baylor. This was an action of trespass to try title, instituted by Martin against the several defendants, on the 21st of April, 1854, for the recovery of one league of land in Bell county. The land in controversy was part of a tract of three leagues which were a portion of an eleven league grant made by way of sale to Antonio Manchaca by the State of Ooahuila and Texas, on the 2nd day of November, 1838. The title was issued by Luke Lesassier, constitutional alcalde of the municipality of San Felipe de Austin. The original concession to…
1Opinion of the CourtWheeler, C. J.
The plaintiff’s appeal cannot avail him unless he has a good title. It is material, therefore, first to consider the objections to his title. These are, 1st, want of consent of the empresarios of the colony within which the land was selected. 2nd. Want of power in the alcalde of San Felipe de Austin to issue the title. 3d. That the boundaries of the land cannot be found and identified.
The first point was decided in the case of McGehee v. Dwyer; and it was held that the failure to obtain the consent of the empresarios did not invalidate the title. (22 Tex. R., 435.) The recital in the grant…
2Cases cited5 opinions
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
- Ryan v. JacksonTexas Supreme Court · 1854
- Croft v. RainsTexas Supreme Court · 1853
- Innis v. CampbellSupreme Court of Pennsylvania · 1829
- Hughes v. Trustees of ClarksvilleSupreme Court of the United States · 1832
3Cited by22 opinions
- Binford v. SnyderTexas Supreme Court · 1945
- Hill v. PrestonTexas Supreme Court · 1931
- Manchaca v. FieldTexas Supreme Court · 1884
- New York and Texas Land Co. v. HylandCourt of Appeals of Texas · 1894
- Ryle v. DavidsonTexas Supreme Court · 1909
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