Grimes v. Corporation of Bastrop
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. Thomas J. Devine. The corporation of Bastrop instituted this suit against the appellant for the recovery of damages incurred by the cutting and carrying away of pine timber from the town tract. Upon the trial, the case resolved itself into a question of boundaries, the defendant claiming that the land from which he obtained the timber was within his own tract.
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Appeal from Bastrop. Tried below before the Hon. Thomas J. Devine. The corporation of Bastrop instituted this suit against the appellant for the recovery of damages incurred by the cutting and carrying away of pine timber from the town tract. Upon the trial, the case resolved itself into a question of boundaries, the defendant claiming that the land from which he obtained the timber was within his own tract. The plaintiff offered in evidence an incomplete or imperfect grant made to the civil authorities of the town by Miguel Arciniega, the commissioner for the extension of titles Avithin…
1Opinion of the CourtMoore, J.
The incomplete or blank grant by Arciniega, a certified copy of which, from the General Land Office, was read in evidence by the appellee, was doubtless neither received by the-court or offered by appellee as of itself evidence of title to the land upon which the trespass complained of was alleged to have-been committed. It was manifestly offered and relied upon merely as an additional fact, or circumstance in connection with appellee’s claim to and acts of ownership over the land, from which it was-insisted a grant of it should be presumed. In this view, and for this purpose, we think, if…
2Cases cited2 opinions
- Ruis's Heirs v. ChambersTexas Supreme Court · 1855
- Clay's Heirs v. HolbertTexas Supreme Court · 1855
3Cited by4 opinions
- Houston v. BlytheTexas Supreme Court · 1883
- Miller v. BrownsonTexas Supreme Court · 1879
- Sheppard v. HarrisonTexas Supreme Court · 1880
- State v. DickinsonMichigan Supreme Court · 1901