Legal Opinion

Carlisle v. Hart

Texas Supreme Court

Decided July 1, 1864PublishedCited by 24 opinions

Error from Victoria. Tried below before the Hon. Fielding Jones. This was an action of trespass to try title to recover a league of land situated in the county of San Patricio, instituted in the District Court of that county by Mary Hart, administratrix of the estate of Timothy Hart, deceased, and by the heirs of said' decedent against Robert Carlisle and Mary, his wife.

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Error from Victoria. Tried below before the Hon. Fielding Jones. This was an action of trespass to try title to recover a league of land situated in the county of San Patricio, instituted in the District Court of that county by Mary Hart, administratrix of the estate of Timothy Hart, deceased, and by the heirs of said' decedent against Robert Carlisle and Mary, his wife. The petition was filed on the 22d day of September, A. D. 1855. The venue was changed to the county of Nueces, where trial was had, verdict and judgment for defendants, and a new tidal granted. The venue was then changed to…

1Opinion of the CourtMoore, J.

Whatever right the plaintiffs in error may have had to the land in controversy, as heirs of their deceased mother, Mary Hart, the colonist, was lost to them by their laches and *353negligence. The record shows that the land in dispute was granted in November, 1834, to Timothy Hart, under whom the defendants in error claim, as the only heir of his mother, Mary Hart, the colonist, and that the plaintiffs in error, who were also heirs of said Mary Hart, were of lawful age, and residents of the town of Eefugio when said title was issued. It can not be doubted that they must have been cognizant that…

2Cases cited2 opinions

  1. De Cordova v. Smith's Adm'xTexas Supreme Court · 1852
  2. Tinnen v. MebaneTexas Supreme Court · 1853

3Cited by24 opinions

  1. Houston Oil Co. of Texas v. HaydenTexas Supreme Court · 1911
  2. Loomis v. CobbCourt of Appeals of Texas · 1913
  3. Montgomery v. NoyesTexas Supreme Court · 1889
  4. Cole v. NobleTexas Supreme Court · 1885
  5. Abernathy v. StoneTexas Supreme Court · 1891

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