Whitehead v. Foley
Texas Supreme Court
Appeal from Lavacca. The case was tried before Hon. Fielding Jones, one of the district judges. In 1831 Mrs. Eleanor Leving, a widow, came with her son to Austin’s colony, where for three years she resided in the family of Granville McHeil. She declared her intention to become a citizen of the country. On the 8th of December, 1831, she solicited and obtained a grant of a league of land from the proper authorities of Austin’s colony. The grant was every way in due form.
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Appeal from Lavacca. The case was tried before Hon. Fielding Jones, one of the district judges. In 1831 Mrs. Eleanor Leving, a widow, came with her son to Austin’s colony, where for three years she resided in the family of Granville McHeil. She declared her intention to become a citizen of the country. On the 8th of December, 1831, she solicited and obtained a grant of a league of land from the proper authorities of Austin’s colony. The grant was every way in due form. The land was situated upon the Havidad, and is the property in controversy. The survey called for the league of Ephraim…
1Opinion of the Court
—On reconsideration.
Wheeler, C. J.
—The distinction between a seizin in deed and a seizin in law, or a freehold in deed and a freehold in law, cannot be said to obtain generally in this country. It is the generally received American doctrine that a conveyance by deed, a descent cast rtpon the heir, or a grant by letters patent from the government, carries the legal seizin, and gives a constructive possession to the grantee. (Horton v. Crawford, 10 Tex., 388; Barr v. Gratz, 4 Wheat., 213; 4 Mass., 546; 1 Mumf., 170; Ang. on Limit., § 394, et seq.)
“We are entirely satisfied,” said the Supreme…
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