Yates v. Houston
Texas Supreme Court
— Appeal from Harris County. The appellee, who was plaintiff in the court below, brought suit against the appellant on the 13th day of March, 1846, to try the title to one-half league of land situated in Liberty county. The venue was, by agreement of the parties, subsequently changed to Harris county.
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— Appeal from Harris County. The appellee, who was plaintiff in the court below, brought suit against the appellant on the 13th day of March, 1846, to try the title to one-half league of land situated in Liberty county. The venue was, by agreement of the parties, subsequently changed to Harris county. It appears, from the record, that the land in controversy was the one-half of a league granted, in the year 1824, to one John Jiams, who, with his family, had emigrated to Texas, and settled in Stephen F. Austin’s colony. The said John Jiams died in the year 1827, leaving two children by his…
1Opinion of the CourtChief Justice Hemphill
The principal questions on this appeal are:
1st. Is the judgment of the probate court of Harrisburg county, awarding to Tabitha Harris, wife of David Harris, the land in controversy, conclusive in favor of her right to the same, and not subject to question or impeachment in a collateral action?
2d. Was the said Tabitha Harris, during the lifetime of John Jiams, deceased, and at the time of the grant of the land from the government of Mexico, to be regarded as his lawful wife, and entitled to the rights arising from the matrimonial relation?'
3d. Is the league of land, of which one-half was…
2Cases cited3 opinions
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3Cited by63 opinions
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- Welder v. LambertTexas Supreme Court · 1898
- Wenning v. TeepleIndiana Supreme Court · 1895
- Stiles v. HawkinsTexas Commission of Appeals · 1918
- Boulden v. McIntireIndiana Supreme Court · 1889
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