Word v. McKinney
Texas Supreme Court
Appeal from Goliad. Tried below before the Hon. Edmond J. Davis. Suit instituted by Maria Jesus de Leon de Manchóla, the widow of Rafael Manchóla, on the 17th of May, 1850, against C. G. Word and others; action, trespass to try title for two leagues of land. • The plaintiff died before the trial, and John F. McKinney was appointed administrator of her estate, and prosecuted the suit.
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Appeal from Goliad. Tried below before the Hon. Edmond J. Davis. Suit instituted by Maria Jesus de Leon de Manchóla, the widow of Rafael Manchóla, on the 17th of May, 1850, against C. G. Word and others; action, trespass to try title for two leagues of land. • The plaintiff died before the trial, and John F. McKinney was appointed administrator of her estate, and prosecuted the suit. The title relied on by the plaintiff was a grant to Rafael Manchóla of four leagues of land, which was incomplete at the time of his death; the title of possession whereof was issued to the said Maria Jesus de…
1Opinion of the CourtWheeler, C. J.
On the question of the alleged abandonment of the country and alienage of the plaintiff, there is nothing in this case to distinguish it from the cases "heretofore decided by *267this court, in which that defence was held to he unavailing. (Hardy v. De Leon, 5 Tex. R., 211; Kilpatrick v. Sisneros, 23 Tex. R., 113, decided at the Galveston Session of 1859.)
It is insisted, for the appellants, that the title of the plaintiff was issued without the authority of law, and is void; and that no validity was imparted to it by the act of confirmation by the governor, of the 25th of April, 1835.
It may well…
2Cited by5 opinions
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- Wood v. WelderTexas Supreme Court · 1874
- State v. CardinasTexas Supreme Court · 1877
- King v. ElsonTexas Supreme Court · 1867