Legal Opinion

Heirs of Holliman v. Peebles

Texas Supreme Court

Decided December 15, 1846PublishedCited by 21 opinions

Appeal from Fort Bend County. This action was brought on the 12th day of December, 1840, to recover a league of land of which the plaintiffs alleged their intestate died seized, by virtue of a title derived by him as a colonist from the government of Mexico.

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Appeal from Fort Bend County. This action was brought on the 12th day of December, 1840, to recover a league of land of which the plaintiffs alleged their intestate died seized, by virtue of a title derived by him as a colonist from the government of Mexico. The defendant in his answer denies all right or title of the plaintiffs to the land, and avers that if their intestate ever had any title thereto, the same was vacated and rendered void by his abandonment of the republic of Mexico and that a good title was made to the defendant; and further, that if the said Holliman ever had any title,…

1Opinion of the CourtHehphill, C. J.

The argument of this cause has been characterized by signal ability throughout, and by extensive research on some ■of the points discussed; but others, from the want of proper authorities, were not sufficiently elucidated to relieve them from difficulty, or the court from much labor in their investigation.

The principal questions, as presented by the record, are:

1st. Whether a foreign colonist, who had under the colonization law of 1823 received a league of land as the head of a family from the government of Mexico, but who never at any time had a permanent domicile nor introduced his property…

2Cases cited9 opinions

  1. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  2. Green v. Lessee of NealSupreme Court of the United States · 1832
  3. Polk's Lessee v. WendellSupreme Court of the United States · 1820
  4. Smith v. Maryland Ex Rel. Caroll & MacCubbinSupreme Court of the United States · 1810
  5. Kennedy v. Heirs of M'CartneySupreme Court of Alabama · 1836

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Kilpatrick v. SisnerosTexas Supreme Court · 1859
  2. Phillips v. MooreSupreme Court of the United States · 1879
  3. McKinney v. SaviegoSupreme Court of the United States · 1856
  4. Succession of SteersSupreme Court of Louisiana · 1895
  5. Blunt v. Houston Oil Co.Court of Appeals of Texas · 1912

16 more not listed; retrieve them via the Exa API.

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