Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 400
viii, 704 p. ; 22 cm.View a full description of this book.
400 WooD v. WELDER. [Term of
Argument for the appellee.
ities and located within the "coast leagues" without the consent
of the General Government of Mexico, has been changed
by this court, and former decisions upon that subject overruled,
in the case of Trevinio v. Cavasos, 35 Texas, 133.
The decision in that case was made upon a grant under the
colonization laws of Tamaulipas, a law differing in many respects
from the law of Coahuila and Texas. The State of
Tamaulipas was, as regards Texas, a foreign nation; and the
only right which Texas had to any of the territory of Tamau
lipas was that acquired by conquest; and this court, and all
courts, have always held that the acts of former governments
as regards private rights, should hold good and be respected.
E. J. Davis, and PhilliUp, Lackey & Stayton, for appellee.
In this case there are two grounds in the alternative on
which the appellee relies to sustain the judgment of the court
below.
First. Because of a grant from the sovereignty of the soil,
being then the Mexican authorities, to the person from whom
appellee deraigns his title.
Second. If this title should be found defective, then he claims
under the statutes of limitation, and shows this title in connection
with evidence of use and ownership to define the extent of
his claim under the statutes of limitation.
In regard to the title to the five and a half leagues of Power
and Hewitson between the waters of the Aransas and Chiltipin,
while it is conceded that a number of decisions of this court
have treated similar titles to those empressarios as void, as,
for instance, in Smith v. Power, 14 Texas, 146; Id., 23 Texas, 29;
Lambert v. Weir, 27 Texas, 359, yet if not inadmissible, the
hope is ventured that the mistake made among the earliest decisions
in our State, commencing with Edward v. Davis, 3
Texas, 321; Good v. MeQueen's heirs, Id., 241, of confusing
the prohibition to colonize foreigners within the border and
coast leagues, contained in the Mexican national colonization
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/408/ocr/: accessed April 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .