Trevino v. Fernandez
Texas Supreme Court
Appeal from Cameron. Action of trespass to try title, commenced August 8th, 1850, by the appellants against the appellees, to the “ Agostadero de San Pedro de Carricitos,” fronting on the Rio Grande, containing eleven leagues of land.
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Appeal from Cameron. Action of trespass to try title, commenced August 8th, 1850, by the appellants against the appellees, to the “ Agostadero de San Pedro de Carricitos,” fronting on the Rio Grande, containing eleven leagues of land. The plaintiffs claimed as the heirs of Bartolomé Fernandez, by virtue of a grant made in 1789, to Bartolomé and Eugenio Fernandez, brothers, alleging that Bartolomé had paid all the purchase money, and that Eugenio had abandoned and relinquished all his interest to Bartolomé. The defendants answered November 11th, 1850, denying all and singular, &c., then…
1Opinion of the CourtHemphill, C. J.
There were several errors assigned by appellant, which were condensed in the argument as specifying two grounds, viz:
1st. That the Court erred in not sustaining the title of the plaintiff to¿the entire tract; and
2d. In not giving judgment for such portion of the land as they were fairly entitled to recover.
The leading questions in this case are,
1st. Whether the original title under which both parties claim, is valid and such as should be recognized by Courts of law and Equity; and
2d. Whether the plaintiffs are entitled to the whole or only to one-half of the land, the defendants being…
2Cases cited3 opinions
- Wheaton v. SextonSupreme Court of the United States · 1819
- Wilson v. ConineNew York Supreme Court · 1807
- Keene v. McDonoughSupreme Court of the United States · 1834
3Cited by12 opinions
- Wortham v. WalkerTexas Supreme Court · 1939
- Mills v. PittsTexas Supreme Court · 1932
- Hunt v. BP Exploration Co.(Libya) Ltd.District Court, N.D. Texas · 1980
- Martin v. WeymanTexas Supreme Court · 1863
- Kenedy Pasture Co. v. State of TexasTexas Supreme Court · 1921
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