Alexander v. Gilliam
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. I. B. McFarland. At the Fall term, 1868, of the Fayette District Court, John W. Gilliam brought trespass to try title against L. W. Alexander for the recovery of 277-¡~ acres of land in that county, and alleged to be part of five leagues of land granted to Henry Austin by the Mexican government.
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Appeal from Fayette. Tried below before the Hon. I. B. McFarland. At the Fall term, 1868, of the Fayette District Court, John W. Gilliam brought trespass to try title against L. W. Alexander for the recovery of 277-¡~ acres of land in that county, and alleged to be part of five leagues of land granted to Henry Austin by the Mexican government. Gilliam claimed the 277£ acres by virtue of a deed from Henry Austin, Jr., dated April 18,1866, and alleged in his petition that he “held by a regular chain of transfer from the original grantee, Henry Austin;” that “ said L. W. Alexander, defendant,…
1Opinion of the CourtWalker, J.
This is an action of trespass to try title. It might have been more properly brought as an action of forcible entry and detainer. The land in controversy embraces about two hundred and seventy-seven or two hundred and eighty acres, situated in Fayette county. Grilliam, the appellee, as plaintiff below, claims the land under a deed from Henry Austin, Jr., one of the children and heirs of Henry Austin, Sr.
The appellant, it is proved, surveyed the land for the appellee, and must have known, before the commencement of this suit, that Grilliam claimed the land under his-deed from Austin. Alexander…
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