Smith v. Power
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. This suit was commenced on the 3d of October, 1849, in the county of Refugio, by the appellant’s intestate against the appellee’s testator, to try title and recover possession of twelve hundred and eighty acres of land, situate in said county, for which a patent was issued to the plaintiff on the 8th of April, 1841. On the 12th of March, 1850, on motion of the plaintiff, the venue was changed to the county of…
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Appeal from Calhoun. Tried below before the Hon. Fielding Jones. This suit was commenced on the 3d of October, 1849, in the county of Refugio, by the appellant’s intestate against the appellee’s testator, to try title and recover possession of twelve hundred and eighty acres of land, situate in said county, for which a patent was issued to the plaintiff on the 8th of April, 1841. On the 12th of March, 1850, on motion of the plaintiff, the venue was changed to the county of Calhoun. The defendant pleaded not guilty. That the land sued for was a part of a grant of four leagues, that had been…
1Opinion of the CourtWheeler, C. J.
No question is more authoritatively settled by the repeated decisions of this court, than that the consent of the federal executive of Mexico was essential to the validity of a grant of lands, of the character of the present, within the border and coast leagues. (Edwards v. Davis, 3 Texas Rep. 321; 10 Id. .316; Republic v. Thorn, 3 Id. 499; 5 Id. 410; 9 Id. 410, 556.) In the case of Smith v. Power, the parties to this appeal, (14 Texas Rep. 146,) it was held, that the grant here in question, under which the defendant claims, could not be distinguished from those which had been passed upon in…
2Cases cited12 opinions
- Jackson Ex Dem. St. John v. ChewSupreme Court of the United States · 1827
- Polk's Lessee v. WendellSupreme Court of the United States · 1820
- McKeen v. Delancy's LesseeSupreme Court of the United States · 1809
- Kinney v. ClarkSupreme Court of the United States · 1844
- Davis v. MasonSupreme Court of the United States · 1828
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3Cited by28 opinions
- Arnold v. LeonardTexas Supreme Court · 1925
- Burnham v. Hardy Oil Co.Texas Supreme Court · 1917
- Harris v. O'ConnorCourt of Appeals of Texas · 1944
- First Nat. Bank of Plainview v. McWhorterCourt of Appeals of Texas · 1915
- Lambert v. WeirTexas Supreme Court · 1864
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