Clay v. Clay's Heirs
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. A former appeal of this veteran suit is reported in '26 Texas, page 21, and a correct though compendious statement of the material facts will there be found. ‘That appeal was taken from a judgment rendered in 1853, in favor of the present appellant, by the District Court of Fayette county, to which the venue had been -changed from the county of Washington, within which the land lay, and where the suit was…
Read the full summary
Appeal from Washington. Tried below before the Hon. I. B. McFarland. A former appeal of this veteran suit is reported in '26 Texas, page 21, and a correct though compendious statement of the material facts will there be found. ‘That appeal was taken from a judgment rendered in 1853, in favor of the present appellant, by the District Court of Fayette county, to which the venue had been -changed from the county of Washington, within which the land lay, and where the suit was commenced. When the case was remanded to Fayette District Court, under the judgment reported in 26 Texas, nothing…
1Opinion of the CourtWalker, J.
The appellees brought the action of trespass to try title against the appellant, at the March "term of the district court for the year 1851. Both parties deraign title from Nestor Clay, who died about the month of October, 1835.
The land in controversy is one-fourth of the head-right league of Nestor Clay, who appears to have been the brother of Tacitus, the appellant.
It appears from the record that Nestor Clay derived his title through the Mexican government, by virtue of the colonization laws. His grant dates from the -eighteenth of March, 1831.
The only paper muniment of title (subsequent to…
2Cases cited6 opinions
- Mills v. AlexanderTexas Supreme Court · 1858
- Lewis v. San AntonioTexas Supreme Court · 1851
- Heirs of Hunt v. Heirs of RobinsonTexas Supreme Court · 1846
- Hunt v. TurnerTexas Supreme Court · 1853
- Wills v. AbbeyTexas Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cockrill v. CoxTexas Supreme Court · 1886
- Gause v. ConeTexas Supreme Court · 1889
- Murren v. Foster, Texas Court of Appeals, 7th District (Amarillo)1984
- Ex Parte Wilson, Jr.Court of Criminal Appeals of Texas · 1912
- Jones v. HuffTexas Supreme Court · 1872